Dimitras and Others v. Greece, Nos. 42837/06 and other 3, ECtHR (Chamber), 3 June 2010

Obligation to disclose religious convictions to avoid having to take religious oath in criminal proceedings. Freedom of religion. Violation of art. 9 ECHR. 

Art. 9 ECHR

1. The applicants were summoned to appear in court as witnesses or complainants in criminal proceedings. They were asked to take the oath by placing hands on the Bible. Each time, they had to inform the authorities that they were not Orthodox Christians and preferred to make a solemn declaration instead, which they were authorised to do.

2. The Court determined that there had been an interference with religious freedom, since applicants were obliged to reveal their religious beliefs in order to make a solemn declaration. This interference was prescribed by law (i.e. the Greek Code of Criminal Procedure) and pursued a legitimate aim (i.e. ensuring the proper administration of justice). However, the interference was not proportionate, since the law created a presumption that a witness was an Orthodox Christian and would take a religious oath. The wording of the Code meant that people had to give details of their religious convictions in order to rectify that presumption and avoid having to take a religious oath. Furthermore, the Code of Criminal Procedure required witnesses to state their religion in any event in order to be heard in criminal proceedings, whereas in civil proceedings witnesses could choose between a religious oath and a solemn declaration, and were thus not obliged to disclose their religious beliefs.