Brody's Notes... European Court Of Human Rights Rules Russian Ban On Pride Parades Violates EC Treaty On Human Rights

By Brody Levesque (Washington DC) OCT 21 | In a historic Chamber Judgement this morning, the European Court Of Human Rights in Strasbourg, France, found that the former Mayor and city officials of the Russian capital city of Moscow, had violated three articles of the European Convention of which the Russian Federation is a signatory nation.

The Court found that in the case of Alexseyev v. Russia, Moscow's former Mayor Yuri Luzhkov, had violated Articles; 11 (right to freedom of assembly), 13 (right to an effective remedy), and 14 (prohibition against discrimination).

Russian Gay activist, attorney, and journalist,  Nikolai Alexseyev, had brought the suit to the ECHR court following several years of bans and acts of intimidation by city authorities, in particular Mayor Luzhkov, who called Gay pride parades "Satanic acts", and described LGBT persons as "weapons of mass destruction," "faggots" and held them principally responsible for the spread of HIV-AIDS in the Russian capital.

As the Court's verdict is binding on Russia, as a member of the Council of Europe. Legal observers noted that today's action also means that other cities in the Russian Federation will no longer be able to thwart efforts by other Russian LGBT organisers to conduct Pride parades in other cities of the country.The Court's decision also makes the Russian government legally liable for all legal expenses and damages incurred by the plaintiff.

This decision will be forwarded to the Grand Chamber under ECHR rules to give parties time to appeal after which it takes effect. Normally the procedure for appeal calls for a window of three months time. Legal observers, citing the verdict in a recent case in Poland, where authorities had attempted to ban Pride Parades in the Polish capital of Warsaw, said that with the Grand Chamber's refusal to overturn the lower court's decision in that case, it is unlikely that here would be a reversal in this action.

Noted British LGBT activist Peter Tatchell, a close personal friend of Alexseyev, reacting to the news of the victory told reporter James Sanders, reporting for the UK Gay News:

"This ruling is a major rebuke to the disgraced former mayor of Moscow, Yuri Luzhkov, and to his authoritarian allies in the Russian government. They have been found guilty of violating the freedom of expression clauses of the European Convention on Human Rights. It is a huge embarrassment to the top Russian leaders, Putin and Medvedev, as well as to Luzhkov. Their suppression of peaceful gay pride parades has been declared illegal.

This is an astonishing victory. Nikolai and his small band of daring LGBT activists have taken on the might of the Russian state - and won. It is a triumph for LGBT Russians and for all Russians who love liberty. This ruling expands the democratic space and gives comfort to human rights defenders everywhere.

It's a positive result for gay rights and liberty, and a setback for autocracy and homophobia. His actions are supporting, broadening and strengthening the wider democratic and human rights movement in Russia, challenging the government's drift to authoritarianism and its many restrictions on the right to protest.

At a time when so many Russian human rights defenders have been badly beaten and even murdered, Alekseev's campaigns show him to be a man of great bravery and moral principle. He is risking his life for the sake of liberty and freedom - for LGBT people and for all Russians."

In a statement translated from Russian, issued by Alexseyev after the verdict was released this morning, he said:

"It's a crushing defeat of the Russian homophobia on all counts. This is a devastating blow to the restrictive policies of former Mayor Luzhkov and Russian justice, which for five years, covering criminal acts of the Moscow authorities. 

We, the Gay activists, became the first human rights activists in Russia who had their rights to freedom of assembly, through the European Court of Justice, upheld. In addition, we have achieved victory for all the organisers of public events, now that the Russian authorities need to review all procedures relating to the coordination of public events.

Our five years of uncompromising struggle were not lost, they gave a tremendous impetus to the further development of the LGBT movement and the rights of sexual minorities in Russia. That is why we proclaim October 21, 2010 Liberation Day of the LGBT community in Russia. Henceforth, we shall each year to celebrate this holiday for all. "