Court cases launched by our members
Since 2005, Project GayRussia has initiated over 200 court cases throughout Russia to support its campaigns on freedom of assembly, freedom of association, freedom of expression, family rights of LGBT people but also against hate speech. It is part of Gayrussia’s core strategy to mix on one hand direct actions and on the other to improve LGBT rights through challenging the legal system. Each case was always appealed to higher instances and one was taken up to the Constitutional Court. However, despite all the efforts put in the battle by GayRussia’s lawyers, all the cases were lost. Russian Courts have been very innovative in writing decision upholding the bans of LGBT public action or the denial to register LGBT organization. General Prosecution denied opening criminal investigations allowed under article 282 of the Criminal code in the issue of hatred towards social group on the basis that LGBT people were not forming a social group.
As a signatory of the European Convention on Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR), Russian citizens can challenge any breach of these international treaties through the European Court of Human Rights and the Human Rights Committee of the UN. While the decision given by the European Court are obligatory for Russia and their implementation is monitored by the Committee of Minister of the Council of Europe, the decisions of the Human Rights Committee of the UN are not obligatory however a condemnation by the UN has a significant symbolical value. In addition, any advance obtained from these jurisdictions benefit to citizens of other member states which ratified these treaties.
GayRussia always further appealed to the European Court of Human Rights the cases which concerned a violation of the European Convention on Human Rights. A major victory came in October 2010 when the Strasbourg based Court gave the first decision against Russia on a LGBT issue with the case of the Moscow Pride ban. The decision came into force on April 11 after the request for appeal submitted by Russia was rejected by the Court. This case goes much beyond the border of LGBT rights as it is the first decision given on the issue of freedom of assembly in the perspective of the current law on public demonstration. Following this decision, several marches of Human Rights defenders were allowed in Moscow.
Several cases were submitted to the Human Rights Committee of the United Nations arguing a violation of the International Covenant on Civil and Political Rights. A positive outcome obtained at the Human Rights Committee would make a jurisprudence available for LGBT activists all around the world including in Asia, Africa and South America.
Over the last years, GayRussia became from far the most active NGO in International Instances.
Below is a list of the cases which are currenty pending:
- Before the European Court of Human Rights
Right to education: 1 case
Alekseyev v. Russia № 9689/06, initiated 15.05.2006
Case of Nikolay Alekseyev against Lomonosov Moscow State University
Article 8 and Article 14 (in conjunction with Article 8 and Article 2 of Protocol No. 1)
Freedom of Assembly: 11 cases
Alekseyev (No. 2) v. Russia № 25924/08 merged with № 4916/07, initiated 27.01.2009
Case of Nikolay Alekseyev concerning the ban of the picketing in front of the Office of General Prosecution in May 2008
Article 11, Article 13, Article 14 in conjunction with Article 11
Alekseyev (No. 4) v. Russia № 14988/09, initiated 11 March 2009
Case of Nikolay Alekseyev concerning the ban of public events in Tambov in October 2008
Article 11, Article 13, Article 14 in conjunction with Article 11
Alekseyev v. Russia merged with № 14988/09, initiated 6.02.2009
Case of the denial of the march in Alexandrovskiy Garden in May 2008
Article 11, Article 13, Article 14 in conjunction with Article 11
Alekseyev v. Russia merged with № 14988/09, initiated 5.08.2009
Case of Nikolay Alekseyev concerning the ban of public events in Ryazan in March 2009
Article 11, Article 13, Article 14 in conjunction with Article 11
Alekseyev v. Russia merged with № 14988/09, initiated 10 February 2010
Case of Nikolay Alekseyev concerning the ban of public events of forth Moscow Gay Pride (Slavic Gay Pride) in May 2009 and the picketing in front of the US Embassy in July 2009
Article 11, Article 13, Article 14 in conjunction with Article 11
Fedotova v. Russia, № 2064/10, initiated 27.11.2009
Case of Irina Fedotova concerning the ban of the picketing against hemorrhoids in Russia in April 2009
Article 11, Article 13 (in conjunction with Article 11)
Sutyagin v. Russia, № 13518/10, initiated 10.02.2010
Case of Anton Sutyagin concerning the ban of the picketing in front of the Iranian Embassy in Moscow in July 2009
Article 11, Article 13, Article 14 in conjunction with Article 11
Nepomnyaschiy v. Russia, initiated 17.06.2008
Case of Kirill Nepomnyaschiy concerning the ban of the picketing in front of the office of “Fair Russia” party in September 2007
Article 11, Article 13, Article 14 in conjunction with Article 11
Nepomnyaschiy v. Russia, initiated 17.06.2008
Case of Kirill Nepomnyaschiy concerning the ban of the picketing in front of EU Commission in Moscow for the introduction of ban on Luzhkov to enter EU in June 2007
Article 11, Article 13, Article 14 in conjunction with Article 11
Alekseyev v. Russia
Case of Nikolay Alekseyev concerning the ban of public events of the fifth Moscow Gay Pride in May 2010 (pending in appeal)
Article 11, Article 13, Article 14 in conjunction with Article 11
Nepomnyaschiy v. Russia
Case of Kirill Nepomnyaschiy concerning the ban of the picketings against the Prefer of Northern Administrative District of Moscow Oleg Mitvol in August 2009 (ready for ECHR)
Article 11, Article 13, Article 14 in conjunction with Article 11
Cases of St. Petersburg based affiliated organization "Equality":
Yefremenkova and Others v. Russia, ....../11 no number yet, initiated 00.00.2011
Case of the ban of public events of St. Petersburg Gay Pride in June 2010
Article 11, Article 13, Article 14 in conjunction with Article 11
Hate Speech: 1 case
Alekseyev, Bayev, Nepomnyaschiy v. Russia, № 39954/09, initiated 22.09.2009
Case concerning the homophobic statements of Tambov Governor Oleg Betin
Article 2, Article 3, Article 14 (in conjunction with Articles 2 and 3)
Freedom of Expression: 1 case
Bayev v. Russia, № 67667/09, initiated 7.11.2009
Case of Nikolay Bayev concerning the limitation on his freedom of expression in Ryazan
Article 10 alone and in conjunction with Article 14
Family Right, Right to Marry: 1 case
Fedotova and Shipitko v. Russia, ……./10 no number yet, initiated 20.07.2010
Case of Irina Fedotova and Irina Shipitko concerning the denial of marriage in Moscow in May 2009
Article 12, Article 14 (in conjunction with Article 8)
Freedom of Association: 1 case
Alekseyev v. Russia, ……./11 no number yet, initiated 20.05.2011
Case of Nikolay Alekseyev concerning the denial to register "Marriage Equality" organization in January 2010
Article 10, Article 11, Article 14
- Before the United Nations Human Rights Committee
Freedom of Assembly: 1 case
Alekseyev v. Russia, № 1873/2009, initiated 25.03.2009
Case of Nikolay Alekseyev concerning the ban of the picketing in front of the Iranian Embassy in July 2008
Article 21 of the ICCPR
Freedom of Expression: 1 case
Fedotova v. Russia, № 1932/2010, initiated 10.02.2010
Case of Irina Fedotova concerning denial of freedom of expression in Ryazan
Article 19 and Article 26 of the ICCPR
GayRussia.Ru
TODAY IN HISTORY
May 27
Russia decriminalized male homosexuality
In 1993, President Boris Yeltsin signed a decree which repealed the law forbidding male homosexuality. Starting from 2006, Russian gay rights activists started to celebrate this date by attempting to organize an annual gay rights march known as Moscow Gay Pride. The first edition was banned and marred with violence. It was reffered as the first Russian Stonewall.
May 17
Day Against Homophobia and Transphobia
This day was founded in 2004 by French Academic Louis-Georges Tin to mark the anniversary of the declassification of homosexuality from the list of disease by the World Health Organization. Russian LGBT have been celebrating this day every year since 2005 under the leadership of Project GayRussia which was itself founded on May 17, 2005. GayRussia is Russia's coordinator of IDAHO.
May 15
Following Moscow in May 2009, Minsk was the second capital to host the Slavic Gay Pride. The March was banned and marred with violence but it did not prevent two dozens of Pride organizers from Moscow, Minsk and St. Petersburg to march over 300 meters waiving a 10meters long rainbow flag. 11 participants including some of the organizers were brutally arrested by police forces.
May 12
Lesbian same-sex couple attempt to register marriage in Moscow
2009 marked the launch of GayRussia's campaign for the opening of same-sex union of gays and lesbians in Russia. While the Constitutional Court already expressd the opinion that marriage is between a man and a woman, activists believe that the lack of partnership or marriage for gay couples is a strong point to impose legislative changes via a decision of the European Court of Human Rights.
April 11
Victory for Russian LGBT activists at the European Court of Human Rights
The five-judge panel of the Grand Chamber of the Court rejected the appeal of the Russian Federation in the Moscow Pride Ban case. The decision given on October 21 is final. By repeatedly banning Gay Pride Marches as well as other LGBT themed public action, Russia breached the European Convention on Human Rights.
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