Russian higher court overturns deportation order in Muslim prayer case
St. Petersburg court canceled lower court’s order against Uzbek citizen accused of illegal missionary activity, ruling case lacked sufficient evidence that public Muslim prayer constituted proselytizing
MOSCOW (MNTV) — The St. Petersburg City Court has overturned a lower court ruling that fined and ordered the deportation of foreign citizen F.E. Dadaboev for allegedly engaging in illegal missionary activity while conducting Muslim prayers in a public place.
According to the city court’s decision, the Primorsky District Court on May 13 found Dadaboev guilty under Part 5, Article 5.26 of Russia’s Code of Administrative Offenses and imposed a 30,000-ruble fine along with administrative deportation.
The case stemmed from a police report alleging that on May 12, near 141 Savushkina Street in St. Petersburg, Dadaboev conducted namaz in a public area while acting as an imam without the required authorization.
Dadaboev’s defense team appealed the ruling, arguing that performing a prayer service does not in itself constitute missionary activity under Russian law.
Lawyers Ilyasov G. and Murtazaev A.S.-Kh. maintained that their client had not attempted to spread religious teachings among non-Muslims or recruit individuals to a religious organization, actions generally associated with missionary work.
After reviewing the appeal, Judge Yulia Rusanova of the St. Petersburg City Court concluded that there were grounds to overturn the lower court’s decision.
The court cited both procedural and substantive concerns.
On procedural grounds, the court noted that cases under Part 5 of Article 5.26 can be handled either by courts or by internal affairs agencies. Because the alleged offense was initially identified by police, the city court ruled that the matter should be returned to the competent administrative authority for reconsideration.
More significantly, the court found that the case file did not contain sufficient evidence demonstrating that Dadaboev’s actions met the legal definition of missionary activity.
In its ruling, the court referred to interpretations by the Constitutional Court of the Russian Federation, which has defined missionary activity as the intentional dissemination of religious beliefs among non-adherents with the aim of involving them in a religious association.
“The administrative offense report does not reflect which specific actions Dadaboev took during the prayer service that met the criteria for missionary activity,” the court stated.
As a result, the St. Petersburg City Court overturned the ruling of the Primorsky District Court and returned the case materials to the Primorsky District Department of the Ministry of Internal Affairs for a new review.
The court also ordered Dadaboev’s release from the Temporary Detention Center for Foreign Citizens, where he had been held pending deportation.
The decision entered into force on May 27.
The case highlights ongoing legal debates in Russia over the distinction between religious worship and missionary activity, particularly in relation to the country’s regulations governing public religious practices.
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