Paris-Geneva, November
29, 2023 – In a grotesque yet dangerous move which shows the growing
influence of anti-rights and anti-gender movement in Russia, the Russian
authorities have initiated a lawsuit aimed at banning the broadly
defined “international public LGBT movement”. Amid a years-long
crackdown, LGBTIQ+ rights defenders, human rights organisations and
groups face new threats to their integrity, security and well-being,
denounced the Observatory (OMCT-FIDH).
On November 17, 2023, the Ministry of
Justice of the Russian Federation published on its website information
about the administrative lawsuit submitted to the Supreme Court of
Russia to recognise the “International public LGBT movement” as
extremist and to ban its activity in Russia. The Ministry did not
specify whether it was seeking the closure of any specific groups or
organisations, or if the designation would apply more broadly to the
LGBTIQ+ community, causes and individuals.
The lawsuit of the Ministry of Justice will be considered in a closed hearing on November 30, 2023.
The Observatory believes that
recognition of the “International public LGBT movement” as extremist
will further put at risk the security and psychological well-being of
Russian LGBTIQ+ organisations and LGBTIQ+ rights defenders. According to
Article 292.2 of the Criminal Code (“organisation of the extremist
activity”), members of organisations qualified as extremists can be
sentenced to between two and six years’ imprisonment and their
“organisers” can face up to 10 years in jail. Furthermore the
Observatory is concerned that the broad terms used by the Ministry of
Justice may open the door to targeting the totality of the LGBTIQ+
community in Russia.
Should the court declare the
“international public LGBT movement” as extremist, the ruling will
further extend the existing legal framework used to repress LGBTIQ+
organisations and defenders in Russia. In 2013, the Russian authorities
adopted the Federal Law "For the Purpose of Protecting Children from
Information Advocating a Denial of Traditional Family Values" known as
“Gay Propaganda Law”, banning any noncritical public depiction of
“nontraditional sexual relations” among minors. This legislation
contributed to restricting freedom of expression regarding sexual
orientation and gender identity and to promote homophobia. It has been
further used to ban public events, to close LGBTIQ+ organisations and to persecute human rights defenders.
In 2017, the European Court for Human Rights issued a ruling
stating that “Gay Propaganda Law” encourages homophobia and
discrimination and violates the European Convention on Human Rights.
Despite this, in 2022, the scope of “Gay Propaganda Law” was
significantly broadened, prohibiting sharing positive or even neutral
information about LGBTIQ+ people and publicly displaying
non-heterosexual relations.
The Observatory urges the Russian
authorities to withdraw the lawsuit, and to put an immediate end to the
attacks, including judicial harassment, against LGBTIQ+ rights
defenders, human rights groups and the broader community. The
Observatory calls on the authorities of Russia to reverse the State’s
homophobic legislation and policies and to guarantee the physical
integrity and psychological well-being of LGBTIQ+ defenders, human
rights organisations and individuals.
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