The Strasbourg Сourt began to consider the case of the "Rainbow House "
01/04/2011
Submitted by
Russian LGBT Network
The European Court of Human Rights has started the communication stage of the complaint of Tyumen LGBT organization "Rainbow House" (participant of the Russian LGBT Network) about the refusal to register and discrimination based on sexual orientation.
Strasbourg set a number of issues to the Russian government on which it must respond within three months. The Court asked whether the failure to register organization "Rainbow House" was the interference of government in the freedom of assembly and association, whether such interference is prescribed by law and indispensable in a democratic society.
Strasbourg also requested information, whether the Government accepted that the applicant's rights have been violated by discrimination based on sexual orientation.
In late 2010, Rainbow House re-applied for registration, and the application was refused again. At this time, Tyumen management of the Justice Ministry decided that the goals, that were stated in the Charter (protecting human dignity, rights and freedoms, as well as social and psychological support for gay, lesbian, bisexual and transgender), contradict the fundamentals of morality.
Founders of «Rainbow House» have already appealed the denial of the Central District Court of Tyumen, but the court upheld the decision of the Ministry of Justice in force.
According to the chairman of the Russian LGBT Network Igor Kochetkov, Russia is unlikely to be able to provide the Strasbourg court compelling legal arguments for refusing registration of LGBT organizations.
"In 2007, Tyumen officials have already made laugh the whole world with the suggestion that a small regional public organization could undermine the sovereignty and territorial integrity of the Russian Federation. It is striking that they used the same argument in 2010 in the second refusal to register "Rainbow House", - said Kochetkov.
The defender wonders why Russian courts still take seriously such "arguments". "However, Russian justice has a chance to save its reputation. Rainbow House lodged a cassational appeal in the Tyumen Regional Court. Let's hope that this time the right will triumph over ignorance, "- added the activist.
Interests of "Rainbow House" and its president, Alexander Zhdanov are presented by Interregional Human Rights Association "AGORA".
Communication of complaint of the "Rainbow House" coincided with the beginning of "Week Against Homophobia" in Russia, which is navigated by Russian LGBT Network from March 28 to April 3.
Strasbourg set a number of issues to the Russian government on which it must respond within three months. The Court asked whether the failure to register organization "Rainbow House" was the interference of government in the freedom of assembly and association, whether such interference is prescribed by law and indispensable in a democratic society.
Strasbourg also requested information, whether the Government accepted that the applicant's rights have been violated by discrimination based on sexual orientation.
In late 2010, Rainbow House re-applied for registration, and the application was refused again. At this time, Tyumen management of the Justice Ministry decided that the goals, that were stated in the Charter (protecting human dignity, rights and freedoms, as well as social and psychological support for gay, lesbian, bisexual and transgender), contradict the fundamentals of morality.
Founders of «Rainbow House» have already appealed the denial of the Central District Court of Tyumen, but the court upheld the decision of the Ministry of Justice in force.
According to the chairman of the Russian LGBT Network Igor Kochetkov, Russia is unlikely to be able to provide the Strasbourg court compelling legal arguments for refusing registration of LGBT organizations.
"In 2007, Tyumen officials have already made laugh the whole world with the suggestion that a small regional public organization could undermine the sovereignty and territorial integrity of the Russian Federation. It is striking that they used the same argument in 2010 in the second refusal to register "Rainbow House", - said Kochetkov.
The defender wonders why Russian courts still take seriously such "arguments". "However, Russian justice has a chance to save its reputation. Rainbow House lodged a cassational appeal in the Tyumen Regional Court. Let's hope that this time the right will triumph over ignorance, "- added the activist.
Interests of "Rainbow House" and its president, Alexander Zhdanov are presented by Interregional Human Rights Association "AGORA".
Communication of complaint of the "Rainbow House" coincided with the beginning of "Week Against Homophobia" in Russia, which is navigated by Russian LGBT Network from March 28 to April 3.
