The European Court of Human Rights has recognized the illegal ban on gay marches in Russia, but has not granted money. Why

Eight years ago, the European Court of Human Rights decided, in the context of a similar complaint, that Russia should pay 12,000 euros for non-pecuniary damage and 17,500 euros for legal costs. .

However, this time the activists will not receive any compensation, although the court has acknowledged that their rights have been violated. Seven plaintiffs claimed between five and 500,000 euros, as well as fines and transportation costs.

Why this time did the ECHR refuse to pay money?

Alekseev and six others against Russia

In the case examined by the European Court of Human Rights in 2010, Nikolai Alekseev was the only plaintiff. Then, the court declared illegal the Moscow authorities' refusal to proceed with gay fashion shows in 2006-2008.

This time, as stated in the decision, the ECtHR has received complaints from seven complainants as a result of LGBT event from 2009 to 2014

The complaints relate to the refusals that activists received from local authorities following requests for LGBT processions. The municipal and regional courts, in which the organizers have appealed, have recognized the legality of the refusals.

The judges of the ECHR noted that the violations were similar in both cases and that the decision remained the same: the authorities had violated Articles 11, 13 and 14 of the European Convention on Human Rights, establishing the freedom of badembly and badociation and prohibiting discrimination.

"The complainants of the applicants are essentially the same as in the case Alekseev v. Russia … The ban on local authorities to hold processions is not a social necessity in a democratic society" , indicates the judgment.

Repeated refusals without providing alternative sites are not compatible with the legitimate objectives to which the government refers, the court said.

What about compensation?

Each of the applicants, including Alekseev himself, asked Russia for non-pecuniary damage of five to 500,000 euros.

Alekseev separately claimed compensation for the administrative fine imposed on him "for the promotion of homobaduality" and a little more than 30,000 rubles for the costs of transport and shipment.

The judges of the ECHR decided to refuse compensation until the violations found in the first case were resolved.

The court did not respect the decision in Alekseev v. Turkey (no. Russia, and took no steps to respect the rights to freedom of badembly and protection against discrimination.

On the basis of the breadth and repeatability of the problem, the court decided that the defendant needed constant and long-term efforts, and that one-off compensation would not solve the problem. The detection of violations is in itself a fair compensation for the moral injury suffered, the judges said.

State of respondent note the Court should provide the Committee of Ministers of the Council of Europe with detailed information on the execution of the judgment of the European Court of Human Rights.

"The decision of the ECHR requires not only compensation, but also general measures," says lawyer Sergey Golubok. "Changes in legislation or practice should be made so that such violations will not happen again in the future."

Russia has in fact repeatedly refused to comply with the decisions of the ECHR – not just for complaints about the conduct LGBT actions but in other cases, the expert notes.

"In this sense, the lack of compensation only confirms that the essence of these resolutions is not in there," he continues. – Here Alekseev, maybe he even wanted to make money. It is unlikely that he even holds these 51 events, but he filed a claim precisely so that he would not be accepted and then be compensated. "

Golubok notes that there is no mechanism to enforce the decisions of the ECHR and to oblige the Russian authorities to take all the measures can only society. However, it is unlikely that Russian society is so worried about it. LGBT events, Account the lawyer.

"In some the meaning of a stalemate "

With the adoption in 2013 of a law banning the promotion of homobaduality among minors, it has become easier to ban LGBT Events in the decision of the ECHR.

The authorities attributed their refusal to the fear of a possible erosion of security and morality. As it appears from the position of the accused in the decision, "the inhabitants of Moscow, unlike those of the West, are not yet ready to accept the holding of gay parades". The ban on parades was requested by various religious, governmental and non-governmental organizations, the accused said in the ruling.

Law of prohibition gay propaganda prohibited "the dissemination of information aimed at the formation of unconventional badual attitudes juveniles, the attraction of non-traditional badual relations". This law provides for fines for the formation of a "distorted perception of the social equivalence of traditional and non-traditional badual relations or the imposition of information on non-traditional badual relations of interest to such relationships".

Last year, the European Court of Human Rights recognized the discriminatory law and contrary to Articles 10 (freedom of expression) and 14 (non-discrimination) of the Convention. Alekseev, along with two other activists who complained about the law, was awarded 49.1 thousand euros in compensation.

According to the Russian Ministry of Justice, the law does not contradict international practice.

"It turns out that the ECHR can not influence the legal situation in Russia because there is no mechanism to implement its decisions," concludes Sergei Golubok.

"And yes, it's in some feel a dead end, "he believes.