Communicated on 6 July 2020 Published on 27 July 2020

THIRD SECTION

Applications nos. 56617/19 and 56637/19 Severi Karlovna GROMADSKAYA against Russia and Anton Vladimirovich BOLONIN against Russia lodged on 14 October 2019 and 11 October 2019 respectively

SUBJECT MATTER OF THE CASE

The applications concern the allegedly ineffective investigation into an attack on the applicants, a transgender homosexual man and a transgender person of non-binary gender, which was committed by an unknown man in a bar in St Petersburg on 14 October 2017.

According to the applicants, the perpetrator approached them having seen a rainbow bracelet (symbol of LGBTI pride and social movements) on their friend. Then he insulted them referring to their alleged homosexuality and beat them up, inflicting several contusions.

The applicants reported the incident to the 10 th police station in the Nevskiy District of St Petersburg (“the police”), which opened administrative proceedings into the incident under Article 6.1.1 of the Code of Administrative Offences (“Battery”).

Alleging that the attack had been motivated by hatred against LGBTI people the applicants sought a criminal case to be opened by the police. Several times the police refused to initiate criminal proceedings into the incident. It held that the attack had not amounted to a criminal offence. After several complaints had been lodged by the applicants ’ lawyer with various domestic authorities, including the Nevskiy District Court in St Petersburg, the police decisions not to open a criminal case were overruled by the deputy prosecutor in the Nevskiy District of St Petersburg for being premature and ill-founded. It appears that the criminal pre-investigation inquiry is still ongoing.

QUESTIONS TO THE PARTIES

1. Did the authorities conduct an effective investigation into the attack of 14 October 2017 as required by Articles 3 and 8 taken alone and in conjunction with Article 14 of the Convention? In particular, did they investigate the existence of a hatred motive behind the act of violence (see M.C. and A.C. v. Romania , no. 12060/12, §§ 105-26, 12 April 2016)?

2. Did the applicants have at their disposal an effective domestic remedy for their Convention complaints, as required by Article 13 of the Convention?

The Government are requested to submit a copy of the material related to the criminal pre-investigation inquiries and the administrative proceedings opened into the attack of 14 October 2017.

List of the applicants

No.

Application no.

Lodged on

Case name

Applicant

Birth year

Place of Residence

Nationality

Represented by

1

56617/19

14/10/2019

Gromadskaya v. Russia

Severi Karlovna GROMADSKAYA

1984St Petersburg

Russian

K.A. Mikhaylova

2

56637/19

11/10/2019

Bolonin v. Russia

Anton Vladimirovich BOLONIN

1978St Petersburg

Russian