Lexploria

Communicated on 15 January 2016

THIRD SECTION

Application no. 31782/15 Nikolay Aleksandrovich ALEKSEYEV and O thers against Russia lodged on 21 January 2015

STATEMENT OF FACTS

The applicants in this case are:

( i ) Mr Nikolay Alekseyev , who was born in 1977, and lives in Moscow;

(ii) Mr Kirill Nepomnyashchiy , who was born in 1981, and lives in Shushenskoye , Krasnoyarsk Region;

(iii) Ms Sofya Mikhaylova , who was born in 1986, and lives in Kemerovo;

(iv) Mr Yaroslav Yevtushenko, who was born in 1994, and lives in Sonchino , Voronezh Region;

(v) Ms Maria Rumyantseva , who was born in 1986, and lives in Kostroma;

(vi) Ms Irina Alekseyeva , who was born in 1941, and lives in Moscow.

The facts of the case, as submitted by the applicants, may be summarised as follows.

In 2014-15 the applicants lodged notices of the public assemblies indicated in the Appendix. On all occasions the authorities refused to approve the dates and locations proposed by the applicants, and the domestic courts upheld these administrative decisions. The judicial decisions in every case were taken after the respective dates of the originally proposed assemblies. The grounds for the refusal related to the assemblies ’ purposes. The final domestic decisions are indicated in the Appendix.

COMPLAINTS

The applicants complain under Article 11 of the Convention of a violation of their right to peaceful assembly. They claim that the ban on holding LGBT public assemblies is not in accordance with the law, does not pursue any legitimate aim and is not necessary in a democratic society.

The applicants complain under Article 13 in conjunction with Article 11 of the Convention that they did not have an effective remedy against the alleged violations of their freedom of assembly. They allege that the time ‑ limits for lodging a notice of the proposed events did not allow them to obtain a final judicial decision on the lawfulness of the ban before the assembly in question was due to take place.

Lastly, the applicants complain of the discriminatory manner in which the authorities treated their applications for holding LGBT public events, contrary to Article 14 in conjunction with Article 11 of the Convention.

QUESTIONS TO THE PARTIES

1. As regards each assembly listed in the Appendix, has there been an interference with the applicants ’ freedom of peaceful assembly, within the meaning of Article 11 § 1 of the Convention?

2. Assuming there was such an interference, did it comply in each case with the requirements set forth in Article 11 § 2 of the Convention ?

3. Did the statutory periods for notification of the public event and those for the judicial review of the decisions banning the organisation of the event allow for a final judicial decision to be given before the intended date of the event? If not, has there been a violation of Article 13 in conjunction with Article 11 of the Convention in the present case?

4. Have the applicants suffered discrimination in the enjoyment of freedom of assembly contrary to Article 14 of the Convention read in conjunction with Article 11?

Appendix

No.

Applicants

Date of application form

Public Event

Final Domestic Decision

Proposed Theme

Date

Court

Date

1.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

21/01/2015

Rally to call for the exclusion of transgenderism from the list of mental illnesses.

15/11/2013

Moscow City Court

14/08/2014

2.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

22/01/2015

Rally to call for the acquittal of the gay activists Nikolay Alekseyev and Yaroslav Yevtushenko convicted by a court in the city of Arkhangelsk for propaganda of non-traditional sexual relations on the basis of the Russian federal law banning propaganda of gay lifestyle to minors.

18/12/2013

Moscow City Court

14/08/2014

3.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

26/01/2015

Rally to express the views of the LGBT (lesbian, gay, bisexual, transgender) community in support of the heart of the Russian TV channel Rossiya-1 journalist Dmitriy Kiselev and against the burning and burying of his heart in the soil.

30/11/2013

Moscow City Court

14/08/2014

4.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

27/01/2015

Rally to express the position of gays and lesbians against global warming at the time of the Olympic Games in Sochi in February 2014.

16/12/2013

Moscow City Court

12/08/2014

5.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

28/01/2015

Rally to express the position of gays and lesbians in support of the return of the annual change to daylight savings time in the Russian Federation.

15/12/2013

Moscow City Court

12/08/2014

6.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

29/01/2015

Rally to call for the criminal prosecution of the deputy head of the Department of Regional Security of the Moscow Government V.V. Oleynik as well as other officials of the Moscow Government on the basis of Article 149 of the Russian Criminal Code for the unlawful hindering of all attempts to organise public events to fight homophobia and in support of the rights of gays, lesbians, bisexuals and transgender individuals.

11/11/2013

Moscow City Court

14/08/2014

7.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

30/01/2015

Rally to call for the reform of the Russian language in order to exclude all the words which have the particle “gay” in them.

22/12/2013

Moscow City Court

12/08/2014

8.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

31/01/2015

Rally to express the support for the policy of the Russian Prime, Minister Dmitry, Medvedev towards “gay bears”.

24/11/2013

Moscow City Court

12/08/2014

9.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

02/02/2015

Rally to discuss the “gay gifts” which can be presented to the Geydar Aliyev Centre in Baku.

09/12/2013

Moscow City Court

12/08/2014

10.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

07/02/2015

Rally to publicly celebrate the birthday of the founder of the Moscow Gay Pride movement and the Russian LGBT human rights project GayRussia , Nikolay Alekseyev .

23/12/2013

Moscow City Court

12/08/2014

11.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

21/02/2015

Rally to call for the strengthening of the fight against HIV/AIDS in the homosexual community on World AIDS Day.

01/12/2013

Moscow City Court

22/08/2014

12.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

21/02/2015

March to call for a collection to buy sports shoes for the former journalist of the Russian TV channel Contr -TV, Anton Krasovskiy , who was sacked for his sexual orientation.

02/12/2013

Moscow City Court

22/08/2014

13.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

25/02/2015

Rally of homosexual people against all bad things.

07/12/2013

Moscow City Court

26/08/2014

14.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

28/02/2015

Rally against the discrimination against the deputy of the St. Petersburg Legislative Assembly, Vitaliy Milonov , on the basis of his sexual orientation and gender identity.

21/11/2013

Moscow City Court

02/09/2014

15.ALEKSEYEV, ALEKSEYEVA, MIKHAYLOVA

02/03/2015

Rally to call for the improvement of medical services for the LGBT (lesbian, gay, bisexual, transgender) community in state health institutions in Russia.

24/12/2013

Moscow City Court

04/09/2014

16.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

03/03/2015

Rally to condemn the short-sighted policy of the Russian authorities which results in the forced migration abroad of capable and reproductively healthy homosexual individuals from Russia.

28/11/2013

Moscow City Court

04/09/2014

17.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAYLOVA

05/03/2015

Rally to focus the attention of society and of the authorities on the need to take measures to fight homophobia in the world of sports and to promote tolerance towards homosexual athletes.

06/11/2013

Moscow City Court

10/10/2014

18.ALEKSEYEV, ALEKSEYEVA, MIKHAYLOVA

06/03/2015

Rally to call for the expulsion of Russia from the Council of Europe for its failure to comply with the verdict of the European Court of Human Rights in the case of Alekseyev v. Russia on the illegality of Moscow Gay Pride bans.

12/01/2014

Moscow City Court

24/10/2014

19.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

12/03/2015

Rally calling on gays, lesbians and heterosexuals to press for a total ban on flashing lights on officials ’ cars.

09/01/2014

Moscow City Court

24/10/2014

20.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAILOVA

13/03/2015

Rally to express gratitude to the first Russian President Boris Yeltsin for the decriminalisation of homosexual relations in Russia in 1993.

25/11/2013

Moscow City Court

14/11/2014

21.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

14/03/2015

Rally of gays, lesbians and their heterosexual friends calling for friendship between nations.

05/01/2014

Moscow City Court

24/10/2014

22.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

16/03/2015

Rally to call for the universal decriminalisation of consensual homosexual relations in every country in the world.

25/12/2013

Moscow City Court

24/10/2014

23.ALEKSEYEV, ALEKSEYEVA, MIKHAILOVA

17/03/2015

Rally to express the support of the LGBT (lesbian, gay, bisexual, transgender) community for the raising of the retirement pensions of Russian citizens.

19/12/2013

Moscow City Court

14/11/2014

24.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

18/03/2015

Rally calling on gays, lesbians and heterosexuals to push for the shortening of New Year holidays in order to fight against alcoholism and as a consequence to increase the life expectancy of Russian citizens.

08/01/2014

Moscow City Court

24/10/2014

25.ALEKSEYEV, NEPOMNYASHCHIY, MIKHAILOVA

25/03/2015

Rally to express condemnation of the possible state removal of children from the openly lesbian Masha Gessen .

29/11/2013

Moscow City Court

14/11/2014

26.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

08/04/2015

Rally against the appointment of the homophobic journalist Dmitriy Kiselev as general director of the new state information agency Russia Today.

20/12/2013

Moscow City Court

24/10/2014

27.ALEKSEYEV, ALEKSEYEVA, MIKHAILOVA

30/04/2015

Rally to call for the creation of a political party of gays, lesbians, bisexuals, transgender people and their allies in Russia.

29/12/2013

Moscow City Court

10/12/2014

28.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

02/05/2015

Rally to start collecting signatures in support of conducting the public demonstrations at the ninth Moscow Gay Pride in May 2014.

14/01/2014

Moscow City Court

10/12/2014

29.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO, MIKHAILOVA

05/05/2015

1. Rally to express support for the opening of third gender restrooms in all state institutions and commercial companies;

2. Rally to call for the simplification of the procedure to change “gender” in identification documents of transgender individuals without the need for surgery;

3. Rally to congratulate Muscovites and the city ’ s guests for the New Year 2014 in the name of homosexual Father Frosts and transgender Snow Maidens;

4. Rally to condemn the passage of the tightening of the law regarding responsibility for homosexual relations in Uganda.

1. 26/12/2013

2. 27/12/2013

3. 31/12/2013

4. 15/01/2014

Moscow City Court

20/01/2015

30.ALEKSEYEV, ALEKSEYEVA, MIKHAILOVA

06/05/2015

Rally to call for the broadcasting of the American gay series "Queer As Folk" on Russian federal TV channels.

07/01/2014

Moscow City Court

10/12/2014

31.ALEKSEYEV, NEPOMNYASHCHIY, YEVTUSHENKO

07/05/2015

Rally of homosexual and heterosexual people calling for the reform of the Russian Postal Service in order for it to be more effective in its work.

10/01/2014

Moscow City Court

10/12/2014

32.ALEKSEYEV, ALEKSEYEVA, MIKHAILOVA

11/05/2015

Rally of lesbian, gay, bisexual and transgender community and its heterosexual friends calling for peace in the whole world.

16/01/2014

Moscow City Court

10/12/2014

33.ALEKSEYEV

23/05/2015

1. Picket in Arkhangelsk to focus the attention of society and of the authorities on the need for the passage of a federal law banning discrimination on the basis of sexual orientation and gender identity in Russia;

2. Rally in Arkhangelsk to focus the attention of Russian society and of the authorities, as well as the international community, on the need for the repeal of laws criminalising consensual homosexual relations between adults around the world;

3. Arkhangelsk Gay Pride march to express support for the tolerant attitude and respect for the rights and freedoms of persons of homosexual orientation in Russia.

1. 03/05/2014

2. 11/05/2014

3. 12/05/2014

Moscow City Court

02/12/2014

34.ALEKSEYEV

27/05/2015

Rally in Kostroma to call for the criminal prosecution of the head of the Kostroma Administration, V.V. Emets , as well as other officials of the Kostroma Administration, on the basis of the Article 149 of the Russian Criminal Code for the systematic banning of public assemblies to fight homophobia and in support of the rights of gays, lesbians, bisexuals and transgender individuals.

18/04/2014

Moscow City Court

02/12/2014

35.ALEKSEYEV, NEPOMNYASHCHIY, RUMYANTSEVA

19/06/2015

Rally to publicly disseminate the quote of the legendary Soviet actress Faina Ranevskaya “Homosexuality is not a perversion. Field hockey and ice ballet are!”

15/09/2014

Kostroma Regional Court

19/01/2015

36.ALEKSEYEV, NEPOMNYASHCHIY, RUMYANTSEVA

18/07/2015

Moscow Gay Pride march to raise awareness of homophobia and to promote the rights of sexual minorities .

14/09/2014

Kostroma Regional Court

19/01/2015

37.ALEKSEYEV, NEPOMNYASHCHIY, RUMYANTSEVA

18/07/2015

Rally in central Moscow against the “Law on the Propaganda of Non-Traditional Sexual Relations to Minors" .

16/09/2014

Kostroma Regional Court

19/01/2015

38.ALEKSEYEV, ALEKSEYEVA, MIKHAILOVA, NEPOMNYASHCHIY, YEVTUSHENKO

14 /09/2015

Seven rallies in central Moscow: 1. to call on the US Congress to adopt anti-discrimination legislation; 2. against the “exploitation of homosexual reindeer by Santa in Western countries”;

3. in support of LGBT activists convicted of the administrative offence of "propaganda of non-traditional sexual relations to minors";

4.“ to play gay snowballs to warm up homeless people”; 5. “to express opinions about the incestuous relations between Santa and Snow Maiden”;

6. to call for the renaming one of Moscow streets after gay activist Harvey Milk;

7 . to call for a referendum on gay marriage.

1. 19/11/2013

2. 30/12/2013

3. 01/01/2014

4. 03/01/2014

5. 04/01/2014

6. 06/01/2014

7. 11/01/2014

Moscow City Court

1. 26 /03/2015

2-4 . 20/03/201

5. 28/05/2015

6-7. 20/03/2015

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ALEKSEYEV AND OTHERS v. RUSSIA

ALEKSEYEV AND OTHERS v. RUSSIA

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