Russia's Anti-Missionary Law Faces Legal Challenge That Could Overturn The Law

With resurgent Russian nationalism, has come a crackdown on foreign religious activity, including a set of laws that bans preaching, if not within a registered church. 

The Russian Orthodox Church, the de facto State religion of Russia is, of course, exempt from any scrutiny. 

Not exempt, however, are protestant churches, missionaries and even individual believers. Among the first convictions for violating the new series of laws was of a Baptist missionary from the United States named Donald Ossewaarde, and his legal appeals now present hope that the law could be amended.

Pastor Ossewaarde, has lived in the city of Oryol for the past 14 years with his wife Rush. Located on the Oka River about 224 miles South of Moscow, the city was the perfect spot for the couple to settle into a life of missionary work, as they are the only Americans in residence. 

Ossewaarde describes the area as still "very very Communist" and with a "Soviet mentality." 

It seems that their love for oppressive policing is also Soviet in its style, too, as the Ossewaarde's received an unexpected visit at their home seven months ago by a team of police officers.

Three weeks before, on July 20th, Vladimir Putin had signed into law the new restrictions on religious freedom that labeled Christian preachers and missionaries as agents of foreign powers. 

As is common now, terrorism was used to justify a repression of religious freedoms of all types as the law sought to "ban preaching, praying, proselytizing, and handing out religious materials outside government-sanctioned churches." 

Known within Russia as an "anti-missionary law", it seeks to criminalize much of what pastors and missionaries do.

Foreign missionaries were required to obtain permits and even reading a Bible, singing or praying outside a registered church, even within a private residence, became illegal overnight. 

But now Ossewaarde has challenged his conviction and the appeals are moving up in the Russian court system.

It was on a Sunday morning in August, just three weeks after the new amendments, that Mr. Ossewaarde was visited at home by three policemen as he held a weekly Bible study. 

He was arrested, taken to the police station and charged with "conducting missionary activities" in violation of the new law. 

After quickly being found guilty, a fine of about $640 (40,000 rubles) was imposed.

The new restrictions have resulted in more than 32 prosecutions since its passage in July, though 5 had their cases dropped and 5 more were found not guilty. 

Ossewaarde's case is unique, however, in the distance his appeals have traveled through the court system.

Now on his third appeal, Osswaarde has reached Russia's Supreme Court. His lawyers expect the case to be heard in the first half of this year but a further appeal is already planned to the Constitutional Court and, if accepted, the results could be far reaching.

Forum 18 reported, "This makes Ossewaarde's case the first under the 'anti-missionary' amendment to reach this level in the Russian courts, and the first to issue a challenge to the legislation itself. 

"The Constitutional Court, if it accepts the appeal, will examine whether the amendment contravenes the provisions of the Russian Constitution." 

The selective prosecution of protestants, the intrusion into the home and the clearly absurd restrictions imposed in the name of fighting terrorism may all soon be struck down.

The Duma, Russia's legislative body has also now taken up an examination of what is known as the Yarovaya law. 

Opponents of the law refer to its application as an open question. Riddled with contradictions and vague language, the law stipulated that missionaries can only operate as formal representatives of state-recognized religious associations. 

But in an ironic twist, not having written proof of that has been evidence of both innocence and guilt.

Ossewaarde is hoping that his challenge allows him to continue to preach and that it ensures greater religious liberty for all Russians, not only those that the State registers and controls.