Kokkinakis v. Greece
25 May 1993
(Application No. 260-A) Ser. A.; 17 EHRR 397
Kokkinakis was arrested for proselytizing, which is against Greek Law. The court established that for a Jehovah's Witness, obtaining converts was protected as a manifestation of the applicant's religious beliefs, and therefore it was held that there had been a violation when Kokkinakis had been arrested for proselytising. Judge Martens explained that Article 9 requires that the state adopt a position of neutrality between religions, even, or perhaps especially, where one religion enjoys a privileged position in national law as the Greek Orthodox does in Greece. The Court recognized that part of the beliefs and teachings of certain evangelical groups involves obtaining converts, and that this was protected as a manifestation of their religious beliefs. From the dissenting judges one could conclude that there could be a positive duty on the state to protect persons from 'improper proselytism' so that they could effectively enjoy their rights to hold their own beliefs. However, Judge Pettit rejected the claim that attempting to make converts was an infringement of other people's rights.