For Immediate Release
August 16, 1999

Russian Supreme Court breaks new ground in
religious freedom case involving child custody

The Russian Supreme Court has annulled three lower court rulings that had used religion as a basis to deny child custody to a mother.

Natasha Nikishina, a single mother, raised her son for seven years. On March 9, 1998, the boy's father, A. Savinkin, took the boy during a weekend visit and never returned him to his mother, who is one of Jehovah's Witnesses. The lower courts ruled that Nikishina's religious upbringing of her son was a violation of the law. Finally, after a legal battle involving five courts and spanning more than a year, Nikishina won a victory at the Supreme Court level—but still has not obtained custody of her son.

On July 22, 1999, a chamber of the Russian Supreme Court annulled three lower court decisions that denied custody to the mother based solely on religious grounds. The case has been sent back for a new hearing at the local court where the case began. However, until Nikishina obtains a new decision in her favor, the child remains with his father.

L. L. Koryagin, assistant to the Russian Prosecutor General, noted that the issue of the mother's religion has dominated the case. However, Jehovah's Witnesses are legally registered in Russia, and the mother's religion should not have been a factor.

"Taking into consideration that in Russia, thank God, there exists freedom of religion, this fact [that the mother is one of Jehovah's Witnesses] in itself can in no way serve as proof that she does not provide the necessary conditions, the appropriate conditions for the child's education and development," Koryagin said.

The mother applied to the European Court of Human Rights on November 17, 1998. After the European Court forwarded an inquiry to the Russian Federation about the case, N. Y. Sergeyeva, deputy chairman of the Russian Supreme Court, brought a protest against the decision of the lower courts. However, on June 29, 1999, the Presidium of the Moscow Region Court refused to grant the protest. This led to the case being heard by the Judicial Chamber for Civil Cases with the Supreme Court on July 22, 1999, and being sent back to the local court for a new hearing.

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