Russia’s Appeal of Moscow Pride Ban Rejected by the European Court of Human Rights

The decision given against Russia is final and came into force. Gay activists are planning another Gay Pride on May 28

According to GayRussia.Ru information, the European Court of Human Rights has put a final dot to the case of the Moscow Pride ban by rejecting Russia’s appeal against the decision in the case of Alekseyev v. Russia. The decision came into force on April 11.

The initial decision concerning bans of 164 marches and pickets planned in Moscow between May 2006 and May 2008 was announced by the Court on October 21 but was appealed by the Russian government on January 21.

The case Alekseev v. Russia is the first case ever to be won against Russia on a gay rights issue at the European Court of Human Rights. It is also the first ruling to prove that Russia’s law on public demonstrations contradicts with the European Convention on Human Rights and Fundamental Freedoms by not allowing for effective legal remedy.

In their decision, the panel of five judges unanimously declared that Russia had violated Article 11 (right to freedom of assembly), article 14 (prohibition of discrimination) in conjunction with Article 11 and Article 13 (right to an effective remedy) of the European Convention.

On wednesday, organizer of Moscow Gay Pride and the applicant in the case Nikolai Alekseev stated:

"We are extremely satisfied with the timeline as the decision came into force right on time before the date of the sixth planned Gay Pride in Moscow next month;

"We believed in our victory against the Russian authorities from the very first day and we do not regret all the efforts we spent to get this decision;

“This is setting a very symbolical precedent in Russia as this decision is not only on the issue of gay rights but it is about the basic right of freedom of assembly of anyone”

“Russian authorities and Russian Courts have as of today, no legal ground to ban any gay rights marches and rallies in Russia”

Yesterday, the Moscow Pride organizing Committee notified the Moscow Government of its intention to hold on May 28 a Gay Pride event in the form of a cultural and educational action.

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