Sep 20, 2006Articles: Russian Gays Take Homophobic Moscow Mayor Luzhkov to Strasbourg Court
By VZ
(MOSCOW, Russia) – Organisers of last May’s Moscow Pride have vowed to take the capital’s homophobic mayor to the European Human Rights Court in Strasbourg following today’s decision in a Russian Court. The Moscow City Court today heard the appeal against the decision of a lower court which backed Luzhkov’s ban of the Pride Parade on May 27.
(MOSCOW, Russia) – Organisers of last May’s Moscow Pride have vowed to take the capital’s homophobic mayor to the European Human Rights Court in Strasbourg following today’s decision in a Russian Court. The Moscow City Court today heard the appeal against the decision of a lower court which backed Luzhkov’s ban of the Pride Parade on May 27.
And even before the decision of the City Court was known, there were accusations that the result was probably “fixed” as there were no representatives from either City Hall or Luzhkov’s office in the office to put their side of the case.
After short consideration of the arguments of the Gay Pride organisers, the Moscow Court announced that it found for the decision of the Tverskoi district court on May 26, which backed Luzhkov’s ban. The City Court announced that the full version of the decision would be published within two weeks.
Dmitri Bartenev, the lawyer representing the Gay Pride organisers, said after the hearing that a complaint against the Russian Federation would be sent immediately to the European Court of Human Rights in Strasbourg.
In addition, an appeal is going to be lodged with the Presidium of Moscow City Court. But the Presidium is not, in this instance, obliged to consider the case which the European Court does not consider a legal remedy.
“I am, of course, disappointed at today’s decision,” commented Nikolai Alekseev, one of the organisers of Moscow Pride. “The case is not over and we will win it in Strasbourg.
“But I feel pity for those judges who considered the case both in first instance and in the appeal,” he said. “Those people totally lost all their independency in what they judge and give the decisions according to the political pressure. They completely forgot what is the application of the law.”
Alekseev added that “the last barriers on the way to real justice are eliminated and we are glad that now the case can finally go to the European Court”.
Representatives of the Council of Europe including its General Secretary Terry Davis and Human Rights Commissioner Thomas Hammarberg have both said on several occasions that the ban on Moscow Pride Parade was a violation of Russia’s international obligations to the European convention.
Currently the European court has already accepted a ‘gay pride ban’ case from Warsaw for consideration. The complaint concerns the pride banned by the then Warsaw Mayor (now Polish President) in June 2005.
Luzhkov is also facing a further court appeal over his refusal to allow a protest picket in Lubyanka Square, also scheduled for May 27.
Despite ban, about a hundred gay activists went took to the streets of Moscow on May 27 to protest homophobia and discrimination on the basis of sexual orientation. Some foreign participants, including German Bundestag deputy Volker Beck, were attacked by extremists. Organizers of the Pride were arrested by militia but later released.
In August Taganski district court supported the decision of the prefecture of the Central Administrative Area of Moscow. Organizers appealed the decision to Moscow City Court and the claim is expected to be considered this autumn.
