Kokkinakis v. Greece
European Court of Human Rights
(Application no. 14307/88) 17 Eur. H.R. Rep. 397, 414 (1994)
- Written by Alex Ruskell, JD
Facts
Kokkinakis (plaintiff) became a Jehovah’s Witness in 1936. Over the years, Kokkinakis was arrested and imprisoned more than 60 times for proselytism. Proselytism of any kind was illegal under the Greek Constitution. Kokkinakis was arrested a final time for going into his neighbor’s home to talk about being a Jehovah’s Witness. Kokkinakis sued Greece (defendant), arguing that the constitution’s ban on proselytism was too vague and violated the European Convention for the Protection of Human Rights and Fundamental Freedoms. The convention stated that people had the freedom to manifest their religion and convince others of its correctness. Kokkinakis argued that the Greek constitution did not define the offence of proselytism. Greece responded that Kokkinakis’s skillful analysis of scripture while in his neighbor’s home was calculated to delude the neighbor and was thus unlawful. Additionally, Greece argued that if Greece remained indifferent to attacks on the freedom of religious belief, major civil unrest would occur.
Rule of Law
Issue
Holding and Reasoning ()
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