Poland to appeal ECHR decision regarding Equality Parade in 2005
28/08/2007
By
Tomasz Szypuła
"Ministry of Foreign Affairs of Poland: Poland to appeal decision regarding
Equality Parade"
3 August 2007
Poland will appeal the decision of the European Court of Human Rights in
Strasbourg on Warsaw's 2005 Equality Parade, says Ministry of Foreign
Affairs spokesperson Robert Szaniawski.
He added that the application would be submitted today. Court decisions can
be appealed within three months.
The Court ruled on May 3rd that Warsaw authorities violated the European
Convention of Human Rights by prohibiting the 2005 Equality Parade.
The then-Mayor of Warsaw Lech Kaczynski authorized the prohibition of the
Parade, citing safety as the concern. In lieu of the Parade, the gay and
lesbian community organized a series of vigils, several of which were also
banned due to "safety as well as foreseen difficulties in movement."
However, Court Judges unanimously rejected the reasoning of Warsaw
authorities and ruled in favor of the Equality Foundation which submitted
the case to the Court in 2005.
"Prof. Zbigniew Holda: This is unbelievable"
Prof. Zbigniew Holda of the Helsinki Foundation for Human Rights is
surprised by the MFA's decision. "This is unbelievable to me. The Court
decision was completely justified since the then-mayor of Warsaw violated
the law and Constitution. The decision affirms the rule of law", he
underlined.
He referred to article 43 of the European Convention of Human Rights and
Fundamental Freedoms(ECHR). According to that article, a Court decision can
be appealed within three months in exceptional cases, "if the case touches
upon serious concerns regarding the interpretation or application of the
Convention and its Protocols or serious concern in a general sense".
"In my opinion there is no basis for such a concern. A certain amount of
respect for the laws of the Convention, the Court and its decisions must
remain", he claimed.
ECHR: "City authorities violated freedom of assembly"
According to the Court, the capital's authorities violated the freedom of
peaceful assembly and expression guaranteed in the ECHR, as well as the
prohibition of discrimination and the right to effective remedy.
"It's completely normal that in a healthy, functioning society citizens'
participation in the democratic process takes place largely through
associations, in which case they may integrate with others and together
achieve their common goals", the Court stated.
The Equality Foundation simply sought a confirmation of the violation of
the
Convention and did not attempt to get any compensation.
Despite the ban, the demonstration effectively took place on 11 June 2005.
Over 2,500 people took part in the event. The decision of the Warsaw mayor
was later overturned by local authorities and the Mazowiecki voivodship.
The Helsinki Foundation lawyers prepared the case to the European Court.
Source: Gazeta Wyborcza August 3rd 2007
http://wiadomosci.gazeta.pl/Wiadomosci/1,80708,4363338.html
Translation: Greg Czarnecki KPH
Equality Parade"
3 August 2007
Poland will appeal the decision of the European Court of Human Rights in
Strasbourg on Warsaw's 2005 Equality Parade, says Ministry of Foreign
Affairs spokesperson Robert Szaniawski.
He added that the application would be submitted today. Court decisions can
be appealed within three months.
The Court ruled on May 3rd that Warsaw authorities violated the European
Convention of Human Rights by prohibiting the 2005 Equality Parade.
The then-Mayor of Warsaw Lech Kaczynski authorized the prohibition of the
Parade, citing safety as the concern. In lieu of the Parade, the gay and
lesbian community organized a series of vigils, several of which were also
banned due to "safety as well as foreseen difficulties in movement."
However, Court Judges unanimously rejected the reasoning of Warsaw
authorities and ruled in favor of the Equality Foundation which submitted
the case to the Court in 2005.
"Prof. Zbigniew Holda: This is unbelievable"
Prof. Zbigniew Holda of the Helsinki Foundation for Human Rights is
surprised by the MFA's decision. "This is unbelievable to me. The Court
decision was completely justified since the then-mayor of Warsaw violated
the law and Constitution. The decision affirms the rule of law", he
underlined.
He referred to article 43 of the European Convention of Human Rights and
Fundamental Freedoms(ECHR). According to that article, a Court decision can
be appealed within three months in exceptional cases, "if the case touches
upon serious concerns regarding the interpretation or application of the
Convention and its Protocols or serious concern in a general sense".
"In my opinion there is no basis for such a concern. A certain amount of
respect for the laws of the Convention, the Court and its decisions must
remain", he claimed.
ECHR: "City authorities violated freedom of assembly"
According to the Court, the capital's authorities violated the freedom of
peaceful assembly and expression guaranteed in the ECHR, as well as the
prohibition of discrimination and the right to effective remedy.
"It's completely normal that in a healthy, functioning society citizens'
participation in the democratic process takes place largely through
associations, in which case they may integrate with others and together
achieve their common goals", the Court stated.
The Equality Foundation simply sought a confirmation of the violation of
the
Convention and did not attempt to get any compensation.
Despite the ban, the demonstration effectively took place on 11 June 2005.
Over 2,500 people took part in the event. The decision of the Warsaw mayor
was later overturned by local authorities and the Mazowiecki voivodship.
The Helsinki Foundation lawyers prepared the case to the European Court.
Source: Gazeta Wyborcza August 3rd 2007
http://wiadomosci.gazeta.pl/Wiadomosci/1,80708,4363338.html
Translation: Greg Czarnecki KPH
