Euro court strikes down Russian ban on gay pride parades
In a stinging rebuke to Russia's pervasive homophobia, the European Court of Human Rights on Oct. 21 ordered the nation to stop banning gay pride parades. In a group of cases brought by Moscow Pride founder Nikolai Alekseev, the
court ruled that former Moscow Mayor Yuri Luzhkov's yearly bans of gay pride violated guarantees of the European Convention on Human Rights and Fundamental Freedoms in the areas of freedom of assembly and association, right to an effective remedy and prohibition of discrimination.
Russia must pay Alekseev 12,000 euros ( $16,800 ) in damages and 17,510 euros in costs and expenses.
The court rejected Moscow's many excuses for the bans, which included the alleged need to protect public order, health, morals and the rights and freedoms of others -- as well as the desire to prevent riots.
In reality, Luzhkov had vowed to never allow a gay pride parade in Moscow no matter what. He called gay parades "satanic" and "weapons of mass destruction," and called gay people "faggots" ( "gomiki" ) .
" ( T ) he main reason for the bans on the gay marches had been the authorities' disapproval of demonstrations which, they considered, promoted homosexuality," the court's registrar said in a summation of the ruling. "In particular, the Court could not disregard the strong personal opinions publicly expressed by the Moscow mayor and the undeniable link between those statements and the bans. Consequently, the Court found that, as the Government had not justified their bans in a way compatible with the Convention requirements, Mr. Alekseyev had suffered discrimination because of his sexual orientation."
Alekseev said the Euro court decision is binding on Russia and he hoped new Moscow Mayor Sergey Sobyanin would offer no resistance.
However, on Oct. 22, the Russian Ministry of Justice reportedly appealed the ruling to the ECHR's Grand Chamber.
"This decision is a major victory for us because no judge, no lawyer and no
politician will any longer be able to tell us that the bans of our events were lawful," Alekseev said. "This decision is the first to recognize that the Russian law on freedom of assembly contradicts with the European Convention. It is a gift to all democrats and human rights activists in Russia."
"We declare October 21 the Russian LGBT Liberation Day and we will celebrate it every year from now on with public demonstrations," he vowed.
Louis-Georges Tin, president of the Committee for the International Day Against Homophobia, said: "A new chapter is about to be opened in Russia and we hope that this decision will make history the arrests, fines and harassment that LGBT rights defenders faced since 2006. ... The ( European Union ) countries represented in Moscow have now no excuse not to bring the same political support to Russian Pride organizers as in other Eastern European countries."
Small groups of LGBT activists defied Luzhkov's bans each of the past five years, provoking him to send riot police to arrest and sometimes beat them. The small gatherings also were routinely attacked by anti-gay hooligans.
Leading British activist Peter Tatchell, who was pummeled by anti-gay protesters in Moscow in 2007, said: "This ruling is a major rebuke to the disgraced former mayor of Moscow, Yuri Luzhkov, and to his authoritarian allies in the Russian government. ... 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. ... He is a real pioneer and hero."
ILGA-Europe confab starts Oct. 28
Europe's top international LGBT organization opens its 14th annual conference Oct. 28 in The Hague, Netherlands.
The gathering of the European Region of the International Lesbian, Gay, Bisexual, Trans & Intersex Association will run through Oct. 31.
"This a unique opportunity for LGBTI activists from across Europe to get together and discuss common problems and challenges, share experiences and best practices on tackling discrimination and advancing equality and human rights for LGBTI people, as well as celebrating achievements and sketching future projects, strategies and tactics," said spokesman Juris Lavrikovs.
Keynote speakers include a member of the Dutch House of Representatives, a former Amsterdam deputy mayor, a Swedish government anti-discrimination boss, and a member of Denmark's Parliament, among other Euro luminaries.
IGLHRC blasts Turkey over trans arrests, attacks
Turkish prosecutors must investigate attacks against five transgender rights activists by police in Ankara and drop charges against the activists, the International Gay & Lesbian Human Rights Commission and other organizations said Oct. 18 in a letter to Turkey's interior and justice ministers.
The activists from the Ankara-based transgender organization Pembe Hayat were detained by police in May; beaten, kicked and pepper-sprayed; then later charged with resisting police.
The letter also was signed by Human Rights Watch, COC Netherlands, Global Advocates for Trans Equality, and the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association -- ILGA-Europe.
"The Turkish government is turning us trans people into criminals, for no other reason than existing," said GATE co-director Mauro Cabral. "We are the crime."
Baja marriage ban frozen for now
A proposed same-sex-marriage ban in Mexico's Baja California state may not be a done deal.
The constitutional amendment was passed Sept. 29, the last day that the National Action Party ( PAN ) had control of the Chamber of Deputies.
The next move was to send the amendment to the state's five political subdivisions -- the municipal councils of Ensenada, Mexicali, Rosarito Beach, Tecate and Tijuana -- for ratification. The councils then would have had a month to approve it, reject it, or do nothing, which would count as approval.
But the amendment has yet to be formally published and forwarded to the councils. That's because on Oct. 1, the Institutional Revolutionary Party ( PRI ) took control of the Chamber of Deputies, taking the seats they won in this summer's elections, and the PRI seemingly has not made the amendment a priority.
Should the PRI continue to delay sending the amendment to the councils, that will push the ratification procedure beyond Dec. 1, when the PRI also takes control of the councils, which they won in the summer elections.
There is no time limit on how long the Chamber of Deputies can mull whether the amendment is ready to be sent for ratification, said Armando Rodríguez, pride coordinator in the state capital, Mexicali.
While it's not clear that the new PRI deputies and councilors are supporters of same-sex marriage, the party did campaign for the gay vote in the summer elections.
The amendment would both ban same-sex marriage in Baja state and seemingly prohibit recognition of same-sex marriages from Mexico City, where they are legal. If the amendment indeed bans such recognition, that could violate the federal constitution. The federal Supreme Court ruled this year that Mexico City gay marriages must be recognized nationwide.
In an interview, Rodríguez said: "The amendment has yet to be published. Practically, they have it in the freezer. We can't take legal or juridical action as long as the amendment's not written on paper. Nonetheless, we are negotiating with the new deputies to see what legal approaches we are going to pursue."
"Given that the party that now has the majority ( of seats in the state's elected bodies ) during the campaign promised to help the causes of the Baja California gay community, we are now looking to know their posture," he said.
"They are now supersaturated with topics like finances, but we already have proposed agendas and are hoping for a round of dialogue with them very shortly."
"We are also looking to the state human-rights ombudsman to file a case of unconstitutionality against the amendment ( with the federal Supreme Court ) because this amendment violates the first article of the Constitution of the United Mexican States, which says that no person can be discriminated against by reason of color, religion, sex, preference, etc.," Rodríguez said.
On Oct. 16, about 200 LGBT people took to the streets of Mexicali in cars and trucks and on motorcycles for a combination pride caravan and protest against the amendment.
Several participants said there is a chance that the amendment may never advance to the municipalities for approval.
Assistance: Bill Kelley
