A claim with the European Court of Human Rights regarding the ban on Equality Parade 2005
17/12/2005
By
Tomasz Szypula KPH
On 16 December 2005 organisers of Equality Parade 2005 brought a claim before the European Court of Human Rights in Strasbourg arguing that Poland violated the European Convention on Human Rights. The claim was lodged jointly by the Equality Foundation and organisers of five rallies connected to the Equality Parade: Tomasz Baczkowski (Equality Foundation), Robert Biedron and Tomasz Szypula (Campaign Against Homophobia), Yga Kostrzewa and Krzysztof Kliszczynski (Lambda Warsaw).
The Equality Parade was to take place on 11 June 2005 in Warsaw. Organised for the fifth time, the goal of the Parade was to draw attention to legal and social prejudice against sexual minorities and other minorities including national and ethnic, religious, disabled or female minorities.
The Equality Parade was banned with the decision of the President of the Capital City of Warsaw of 3 June 2005 based on Article 65 of the Traffic Law. The main reason for the ban was that the Equality Foundation failed to present the “traffic organisation scheme” although no official letter required such a document from the Foundation. Following the decision, persons connected to the Equality Parade decided to organise eight ‘stationary’ rallies in various locations throughout Warsaw so that moving from one rally to another actually formed the Equality Parade. With its decisions of 9 June 2005 based on the Law on Assemblies, the President of the Capital City of Warsaw placed a ban on six out of eight planned rallies. Finally the Equality Parade took place, however it had features of an illegal demonstration, an act of citizens’ disobedience, with politician and celebrities participating.
After the illegal Equality Parade, the Equality Foundation filed an appeal to the Self-Governmental Appeals Court (regarding the ban on the Equality Parade). On the other hand, rally organisers filed an appeal to the Voivode of Mazowieckie Voivodship. On 17 June 2005 decisions of the President of the Capital City of Warsaw of 9 June 2005 on six rallies were repealed by the Voivode of Mazowieckie Voivodship. Similarly, on 22 August the Self-Governmental Appeals Court repealed the decision on the Equality Parade based on the Traffic Law, for formal reasons.
The claim brought before the European Court of Human Rights argues that three rights guaranteed by the Convention were violated: Art. 11 of the Convention (right to freedom of peaceful assembly), Art. 13 (right to an effective remedy) and Art. 14 (no discrimination in enjoyment of rights secured by the Convention).
The claimants argue that first of all their right to freedom of peaceful assembly as guaranteed by Art. 11 of the Convention was violated. In the opinion of the claimants all legal actions undertaken by the President of the Capital City of Warsaw were based on political and ideological grounds, not the letter of law. Rules of the Traffic Law (with regard to the Equality Parade) and rules of the Law on Assemblies (with regard to rallies connected to the Equality Parade) were used as an instruments to ban the Equality Parade using arguments which seemingly were supposed to conform to the law. However, these arguments failed to meet standards of human rights based on the case-law of the European Court of Human Rights.
The claimants argue that their right to an effective remedy guaranteed by Art. 13 of the Convention was also violated since they were not able to file an effective appeal against the President’s decision before the date of the Equality Parade and the rallies.
The ban on Equality Parade 2005 showed deep imperfection of the Traffic Law. The Law may be used by the authorities to place an arbitrary ban on assemblies and decisions may be issued on dates which make it impossible to file an appeal. In the opinion of the claimants, the President of the Capital City of Warsaw issued and delivered decisions on dates which made it impossible to the organisers to appeal against the decisions before 11 June 2005 namely the assembly date.
The claimants also argue violation of Art. 14 of the Convention which precludes discrimination for any reasons in the enjoyment of rights and freedoms of an individual. In the opinion of the claimants, the actions of the President of the Capital City of Warsaw were discriminatory in nature. Organisers of the Equality Parade were required to submit documents (“traffic organisation scheme”), not required from organisers of numerous other assemblies. In addition, as early as in the second half of May 2005 (long before the decision was issued), the President of the Capital City of Warsaw made it no secret that he would ban the Equality Parade for ideological reasons.
The claimants only request that a violation of the European Convention on Human Rights be determined. Such a determination is aimed at strengthening the guaranty of freedom of assembly based on Art. 57 of the Polish Constitution and the European Convention on Human Rights. The claimants hope that the judgement of the European Court of Human Rights will serve as a warning to the authorities not to abuse rights of individuals and not to use the law as an instrument in current political affairs.
The claimants request no compensation for the loss suffered since they eventually managed to organise the assembly, albeit illegal. With the claim the claimants wish to stress that no citizen in a democratic state should be forced to seek acts of citizen’s disobedience following actions by politicians.
The claim lodged with the European Court of Human Rights was drawn up by the lawyers of the Helsinki Foundation for Human Rights. Prof. Zbigniew Hołda will be the claimant’s litigator in the proceedings before the Court.
For additional information on the issue please contact Adam Bodnar from the Helsinki Foundation for Human Rights, e-mail: a.bodnar@hfhr.org.pl, Tomasz Baczkowski President of the Equality Foundation, e-mail: tbaczko@paradarownosci.pl or Robert Biedron Campaign Against Homophobia, e-mail: biedron@kampania.org.pl
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Tomasz Szypula
Secretary General of
Campaign Against Homophobia
mobile +48 602 273 263
fax +48 22 844 58 47
ul. Woloska 58/62 m.5
02-507 Warszawa, Poland
www.kampania.org.pl
The Equality Parade was to take place on 11 June 2005 in Warsaw. Organised for the fifth time, the goal of the Parade was to draw attention to legal and social prejudice against sexual minorities and other minorities including national and ethnic, religious, disabled or female minorities.
The Equality Parade was banned with the decision of the President of the Capital City of Warsaw of 3 June 2005 based on Article 65 of the Traffic Law. The main reason for the ban was that the Equality Foundation failed to present the “traffic organisation scheme” although no official letter required such a document from the Foundation. Following the decision, persons connected to the Equality Parade decided to organise eight ‘stationary’ rallies in various locations throughout Warsaw so that moving from one rally to another actually formed the Equality Parade. With its decisions of 9 June 2005 based on the Law on Assemblies, the President of the Capital City of Warsaw placed a ban on six out of eight planned rallies. Finally the Equality Parade took place, however it had features of an illegal demonstration, an act of citizens’ disobedience, with politician and celebrities participating.
After the illegal Equality Parade, the Equality Foundation filed an appeal to the Self-Governmental Appeals Court (regarding the ban on the Equality Parade). On the other hand, rally organisers filed an appeal to the Voivode of Mazowieckie Voivodship. On 17 June 2005 decisions of the President of the Capital City of Warsaw of 9 June 2005 on six rallies were repealed by the Voivode of Mazowieckie Voivodship. Similarly, on 22 August the Self-Governmental Appeals Court repealed the decision on the Equality Parade based on the Traffic Law, for formal reasons.
The claim brought before the European Court of Human Rights argues that three rights guaranteed by the Convention were violated: Art. 11 of the Convention (right to freedom of peaceful assembly), Art. 13 (right to an effective remedy) and Art. 14 (no discrimination in enjoyment of rights secured by the Convention).
The claimants argue that first of all their right to freedom of peaceful assembly as guaranteed by Art. 11 of the Convention was violated. In the opinion of the claimants all legal actions undertaken by the President of the Capital City of Warsaw were based on political and ideological grounds, not the letter of law. Rules of the Traffic Law (with regard to the Equality Parade) and rules of the Law on Assemblies (with regard to rallies connected to the Equality Parade) were used as an instruments to ban the Equality Parade using arguments which seemingly were supposed to conform to the law. However, these arguments failed to meet standards of human rights based on the case-law of the European Court of Human Rights.
The claimants argue that their right to an effective remedy guaranteed by Art. 13 of the Convention was also violated since they were not able to file an effective appeal against the President’s decision before the date of the Equality Parade and the rallies.
The ban on Equality Parade 2005 showed deep imperfection of the Traffic Law. The Law may be used by the authorities to place an arbitrary ban on assemblies and decisions may be issued on dates which make it impossible to file an appeal. In the opinion of the claimants, the President of the Capital City of Warsaw issued and delivered decisions on dates which made it impossible to the organisers to appeal against the decisions before 11 June 2005 namely the assembly date.
The claimants also argue violation of Art. 14 of the Convention which precludes discrimination for any reasons in the enjoyment of rights and freedoms of an individual. In the opinion of the claimants, the actions of the President of the Capital City of Warsaw were discriminatory in nature. Organisers of the Equality Parade were required to submit documents (“traffic organisation scheme”), not required from organisers of numerous other assemblies. In addition, as early as in the second half of May 2005 (long before the decision was issued), the President of the Capital City of Warsaw made it no secret that he would ban the Equality Parade for ideological reasons.
The claimants only request that a violation of the European Convention on Human Rights be determined. Such a determination is aimed at strengthening the guaranty of freedom of assembly based on Art. 57 of the Polish Constitution and the European Convention on Human Rights. The claimants hope that the judgement of the European Court of Human Rights will serve as a warning to the authorities not to abuse rights of individuals and not to use the law as an instrument in current political affairs.
The claimants request no compensation for the loss suffered since they eventually managed to organise the assembly, albeit illegal. With the claim the claimants wish to stress that no citizen in a democratic state should be forced to seek acts of citizen’s disobedience following actions by politicians.
The claim lodged with the European Court of Human Rights was drawn up by the lawyers of the Helsinki Foundation for Human Rights. Prof. Zbigniew Hołda will be the claimant’s litigator in the proceedings before the Court.
For additional information on the issue please contact Adam Bodnar from the Helsinki Foundation for Human Rights, e-mail: a.bodnar@hfhr.org.pl, Tomasz Baczkowski President of the Equality Foundation, e-mail: tbaczko@paradarownosci.pl or Robert Biedron Campaign Against Homophobia, e-mail: biedron@kampania.org.pl
------------------------------------------
Tomasz Szypula
Secretary General of
Campaign Against Homophobia
mobile +48 602 273 263
fax +48 22 844 58 47
ul. Woloska 58/62 m.5
02-507 Warszawa, Poland
www.kampania.org.pl
