CEDH · CASELAW;JUDGMENTS;COMMITTEE;ENG — 16 janvier 2020
- ECLI
- ECLI:CE:ECHR:2020:0116JUD002662415
- Date
- 16 janvier 2020
- Publication
- 16 janvier 2020
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Solution
source officielleViolation of Article 11 - Freedom of assembly and association (Article 11-1 - Freedom of peaceful assembly);Violation of Article 14+11-1 - Prohibition of discrimination (Article 14 - Discrimination) (Article 11 - Freedom of assembly and association;Article 11-1 - Freedom of peaceful assembly);Violation of Article 13+11-1 - Right to an effective remedy (Article 13 - Effective remedy) (Article 11 - Freedom of assembly and association;Article 11-1 - Freedom of peaceful assembly)
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RUSSIA (Applications nos. 26624/15 and 76 others - see appended list )             JUDGMENT   STRASBOURG 16 January 2020   This judgment is final but it may be subject to editorial revision. In the case of Alekseyev and Others v. Russia, The European Court of Human Rights (Third Section), sitting as a Committee composed of:   Alena Poláčková, President,   Dmitry Dedov,   Gilberto Felici, judges, and Liv Tigerstedt, Acting Deputy Section Registrar, Having deliberated in private on 12 December 2019, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in applications against Russia lodged with the Court under Article   34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.     Notice of the applications was given to the Russian Government (“the Government”). THE FACTS 3.     The list of applicants and the relevant details of the applications are set out in the appended table. 4.     The applicants complained of the ban on holding lesbian, gay, bisexual and transgender (LGBT) public assemblies imposed by the domestic authorities and of the discriminatory manner in which the latter treated their applications for holding these events. The applicants also raised other complaints under the provisions of the Convention. THE LAW JOINDER OF THE APPLICATIONS 5.     Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.   Alleged abuse of the right of individual application by mr alekseyev 6.     By letter of 21 January 2019 the Government informed the Court that after the delivery of the judgment in the case of Alekseyev and Others v. Russia (nos. 14988/09 and 50 others, 27 November 2018), Mr Alekseyev, frustrated by the rejection of his claims in respect of non-pecuniary damage, had published insulting comments about the Court and the judges who had adopted that judgment on his Instagram and VKontakte social networking accounts. The Government submitted that those comments had amounted to an abuse of the right of individual application. 7.     In the judgment Zhdanov and Others v. Russia (nos. 12200/08 and 2   others, §§ 82-86, 16 July 2019), the Court has already addressed the objection raised by the Government. In particular, the Court found that in reaction to the Court’s judgment in the case of Alekseyev and Others (cited above), the applicant, a well-known LGBT activist and a public figure whose social networking accounts have hundreds of followers, published on those accounts the virulently and personally offensive and threatening statements about the Court and its judges. Those statements clearly exceeded the limits of normal, civic and legitimate criticism. By publishing the impugned statements on social networking accounts accessible to all, Mr   Alekseyev sought to ensure the widest possible circulation of his accusations and insults and thereby provided evidence of his determination to harm and tarnish the image and reputation of the institution of the European Court of Human Rights and its members. The Court sent a letter to Mr   Alekseyev referring to all his pending applications, including those listed in the table appended below, and warning him that such statements might amount to an abuse of right of petition. Mr   Alekseyev did not however withdraw his statements and, despite the Court’s warning, published new offensive statements about it. 8.     The Court therefore found that by continuing to publish insults about the Court and its judges after the warning, the applicant has shown disrespect to the very institution to which he had applied for the protection of his rights. His conduct constituted “a vexing manifestation of irresponsibility and a frivolous attitude towards the Court”, amounting to contempt, and is therefore contrary to the purpose of the right of individual application, as provided for in Articles 34 and 35 of the Convention. It constituted an abuse of the right of application within the meaning of Article   35 § 3 (a) of the Convention (see Zhdanov and Others v. Russia, §   85, cited above). 9.     The Court follows the same line of arguments in respect of the present applications lodged by Mr Alekseyev, having concluded, as in the case of Zhdanov and Others v. Russia (cited above), that the statements published after the warning that explicitly mentioned the present applications can therefore be considered to be connected with them. 10.     It follows that the complaints lodged by Mr Alekseyev must be declared inadmissible as an abuse of the right of application, pursuant to Article 35 §§ 3   (a) and 4 of the Convention. This finding of inadmissibility, exclusive to Mr Alekseyev, does not prevent the Court from examining the merits of the case, and in particular of all applications listed in the appended table below in so far as brought by the other applicants.   ALLEGED VIOLATION OF ARTICLES   11 AND 14 OF THE CONVENTION 11.     The applicants complained principally of the ban on holding LGBT assemblies and of the discriminatory manner in which the national authorities had treated their applications for holding these events. They relied, expressly or in substance, on Articles   11 and   14 of the Convention. The relevant provisions read as follows: Article   11 “1.     Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2.     No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.” Article   14 “The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.” 12.     The Court refers to the principles established in its case-law regarding freedom of assembly (see Kudrevičius and Others v.   Lithuania [GC], no.   37553/05, ECHR 2015, with further references) and proportionality of interference with it (see Bączkowski and Others v.   Poland , no.   1543/06, §§   61-64, 3   May 2007). It also refers to its case-law concerning discrimination on the grounds of sexual orientation (see Kozak v.   Poland , no.   13102/02, 2   March 2010). 13.     In the leading case of Alekseyev v. Russia, nos. 4916/07 and 2 others, 21 October 2010, the Court already found a violation in respect of issues similar to those in the present case. 14.     Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion as to the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the ban on holding LGBT public assemblies imposed by the domestic authorities did not correspond to a pressing social need and was thus not necessary in a democratic society. The Court also finds that the applicants suffered unjustified discrimination on the grounds of sexual orientation which was incompatible with the standards of the Convention. 15.     These complaints are therefore admissible and disclose a breach of Article   11 and of Article   14 in conjunction with Article   11 of the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW 16.     The applicants also submitted complaints under Article 13 of the Convention. These complaints are not manifestly ill-founded within the meaning of Article   35   §   3   (a) of the Convention, nor are they inadmissible on any other ground. Accordingly, they must be declared admissible. Having examined all the material before it, the Court concludes that they also disclose violations of the Convention in the light of its findings in Lashmankin and Others v. Russia , nos. 57818/09 and 14 others, §§ 342-61, 7 February 2017; Alekseyev and Others v. Russia , nos. 14988/09 and 50   others, §§ 19-22, 27 November 2018; and Kablis v.   Russia , nos.   48310/16 and 59663/17, §§ 64-72, 30 April 2019. APPLICATION OF ARTICLE   41 OF THE CONVENTION 17.     Article 41 of the Convention provides: “If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.” 18.     Having regard to the nature of the applicants’ complaints, the Court will follow the approach adopted in the case of Alekseyev and Others v. Russia (nos. 14988/09 and 50 others, §§ 29 and 32, 27 November 2018). It considers that the finding of a violation, triggering the respondent State’s obligation to take measures indicated in the judgment of Alekseyev and Others v. Russia (see §§ 24-28, cited above) under its domestic legal system, should be regarded as constituting the most appropriate means of redress. It therefore rejects the applicants’ claims for just satisfaction. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications; Decides to declare application no. 26624/15 and the complaints lodged by Mr   Alekseyev in other applications listed in the appended table inadmissible as an abuse of the right of application; Declares the applications lodged by the remaining applicants admissible; Holds that these applications disclose a breach of Article   11 and of Article   14 in conjunction with Article   11 of the Convention; Holds that there has been a violation of Article 13 of the Convention as regards the other complaints raised under well-established case-law of the Court (see appended table); Holds that the finding of violations of Articles 11, 13 and 14 of the Convention constitutes in itself sufficient just satisfaction for the non-pecuniary damage sustained by the applicants.   Dismisses the applicants’ claims for just satisfaction. Done in English, and notified in writing on 16 January 2020, pursuant to Rule   77   §§   2 and   3 of the Rules of Court.   Liv Tigerstedt   Alena Poláčková Acting Deputy Registrar   President APPENDIX List of applications raising complaints under Articles 11 and 14 of the Convention (discriminatory ban on holding LGBT public assemblies) No. Application no. Date of introduction Applicant’s name Date of birth   Representative’s name and location Proposed theme of the public event Location Date Grounds for refusal Final domestic decision Court name Date Other complaints under well-established case-law     26624/15 25/11/2015 Nikolay Aleksandrovich Alekseyev 23/12/1977     three public assemblies in support of tolerance towards DLGBT people   Moscow   30/05/2015 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of the Russian Federation 11/03/2016, administrative offence proceedings, Moscow City Court 10/08/2015 Art. 13 - lack of any effective remedy in domestic law - in respect of Article 11 complaint     9273/16 02/02/2016 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Picketing, rallies and Gay Pride March to express support for tolerant attitude and respect for the rights and freedoms of homosexual persons in Russia (events to be held between 9 and 14 April 2015)   Arkhangelsk   09/04/2015 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia 22/01/2016 Art. 13 - lack of any effective remedy in domestic law - in respect of Article 11 complaint     73482/17 16/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian legislation prohibiting homosexuality from 12/10/2016 to 20/10/2016   Kazan   12/10/2016   content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 12/05/2017 Art. 13 - lack of any effective remedy in domestic law - in respect of Article 11 complaint     73491/17 21/09/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to promote tolerant attitude to gender minorities on 10/02/2017   Yuzhno-Sakhalinsk   10/02/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 28/08/2017 Art. 13 - lack of any effective remedy in domestic law - in respect of Article 11 complaint     73531/17 05/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Family Code on 19/10/2016   Samara   19/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 21/06/2017 Art. 13 - lack of any effective remedy in domestic law - in respect of Article 11 complaint     73533/17 06/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies for state registration and opening of the Transgender House at the 2018 Football World Cup on 13/10/2016   Voronezh   13/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 21/06/2017 Art. 13 - lack of any effective remedy in domestic law - in respect of Article 11 complaint     73581/17 11/08/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Criminal Code and to promote tolerant attitude to gender minorities from 24/01/2017 to 26/01/2017   Orenburg 24/01/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 15/06/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint     73626/17 14/08/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies calling for respect for the rights of the LGBT community   Pskov   01/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 15/06/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint     73630/17 07/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Family Code from 22/10/2016 to 23/10/2016   Irkutsk   22/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 22/06/2017 Art. 13 - lack of any effective remedy in domestic law - in respect of Article 11 complaint   73634/17 09/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies against the Russian Federal law prohibiting propaganda of non-traditional sexual relations   Gorno-Altaysk   01/12/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 22/06/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73640/17 13/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies against the Russian federal law banning promotion of homosexuality from 11/10/2016 to 19/10/2016 Ulyanovsk   11/10/2016   content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73651/17 23/09/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian legislation prohibiting promotion of homosexuality   Petropavlovsk-Kamchatskiy   12/02/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 11/09/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73652/17 22/09/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian law prohibiting child adoption by foreign gender minorities on 30/11/2016   Barnaul   30/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 28/08/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73676/17 02/10/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian legislation and to promote tolerant attitude to gender minorities   Krasnoyarsk   26/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 18/09/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73687/17 03/10/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian legislation to prohibit discrimination based on sexual orientation   Yakutsk 28/02/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 18/09/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73693/17 13/01/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Kirill Sergeyevich NEPOMNYASHCHIY 05/12/1981 Sofya Andreyevna MIKHAYLOVA 14/08/1986     five public assemblies for the implementation of the Court’s judgment in Alekseyev case, "dealing with the unlawfulness of the ban on Gay Prides" from 28/04/2016 to 02/05/2016   St Petersburg   28/04/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 27/12/2016 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73695/17 14/01/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Aleksandr Sergeyevich NAUMCHIK 16/03/1982 Sofya Andreyevna MIKHAYLOVA 14/08/1986     five public assemblies in favour of the protection of the gay community and expanding their family rights; from 31/05/2016 to 01/06/2016   St Petersburg 31/05/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 26/12/2016 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73817/17 17/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Family Code on 14/11/2016   Elista   14/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 07/07/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73820/17 08/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Family Code from 11/10/2016 to 20/10/2016   Yoshkar-Ola 11/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/04/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73821/17 09/08/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to repeal the Russian law prohibiting child adoption by foreign gender minorities from 14/010/2016 to 18/10/2016   Saratov   14/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 07/07/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73824/17 03/08/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Family Code on 29/11/2016   Novosibirsk   29/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 07/07/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73825/17 03/08/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to promote tolerant attitude to gender minorities from 24/10/2016 to 25/10/2016   Chita   24/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 07/07/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73841/17 19/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian legislation to prohibit discrimination of Russian gender minorities on 02/12/2016   Omsk   02/12/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 15/06/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73842/17 18/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to promote tolerant attitude to gender minorities during 2018 Football World Cup on 12/11/2016   Rostov-on-Don   12/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 05/07/2017 (no copy submitted by the applicants) Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73849/17 13/07/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Family Code from 13/10/2016 to 20/10/2016   Cheboksary   13/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 19/06/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73883/17 29/03/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Aleksandr Sergeyevich NAUMCHIK 16/03/1982 Sofya Andreyevna MIKHAYLOVA 14/08/1986     five public assemblies against discrimination and for tolerant attitude to the Russian gender minorities from 27/05/2016 to 28/05/2016   Moscow   27/05/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 20/03/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73884/17 28/03/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Aleksandr Sergeyevich NAUMCHIK 16/03/1982 Sofya Andreyevna MIKHAYLOVA 14/08/1986     five public assemblies to call for amendments to the Russian Family Code from 29/05/2016 to 31/05/2016   Murmansk   29/05/2016   content-based restriction without reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 02/03/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73895/17 03/10/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to promote tolerant attitude to gender minorities from 03/10/2016 to 04/10/2016   Kostroma   03/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 14/07/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73905/17 03/10/2016 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian legislation and against discrimination based on gender identity on 09/11/2016   Kurgan   09/11/2016 content-based restriction without reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 07/07/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73907/17 03/10/2016 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Kirill Sergeyevich NEPOMNYASHCHIY 05/12/1981 Sofya Andreyevna MIKHAYLOVA 14/08/1986     four public assemblies for the implementation of the Court’s judgment in Alekseyev case and with the aim to ban discrimination and violence against gender minorities (including saving population of homosexual smelt fish) from 25/01/2016 to 28/01/2016   Arkhangelsk   25/01/2016     content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 24/08/2016 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73920/17 04/08/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Family Code on 19/11/2016   Vologda   19/11/2016 content-based restriction without reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 07/07/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73922/17 28/08/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies to call for amendments to the Russian Family Code from 29/01/2017 to 31/01/2017   Salekhard   29/01/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 18/08/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73924/17 29/08/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies for the implementation of the Court’s judgment in Alekseyev case on 28/11/2016   Tomsk   28/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 18/08/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73927/17 11/05/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Picketing on 13/10/2016 and Gay Pride march and rally on 16/10/2016 against discrimination of lesbian, gay and transgender individuals in Russia   Saransk   16/10/2016     content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia 31/03/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73928/17 08/05/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies calling for the end of the discrimination of the LGBT community in Russia; from 29/09/2016 to 04/10/2016   Yaroslavl   29/09/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 31/03/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   73930/17 19/05/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies for the implementation of the Court’s judgment in Alexeyev case from 06/10/2016 to 09/10/2016   Kursk   06/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/04/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74220/17 10/05/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies calling for the opening of the LGBT Pride House; from 28/09/2016 to 06/10/2016   Vladimir   28/09/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 21/04/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74224/17 02/02/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Aleksandr Sergeyevich NAUMCHIK 16/03/1982 Sofya Andreyevna MIKHAYLOVA 14/08/1986     five public assemblies to open LGBT Pride House; from 01/06/2016 to 02/06/2016   Arkhangelsk   01/06/2016     content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 16/01/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74227/17 12/05/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies for the implementation of the Court’s judgment in Alekseyev case from 15/09/2016 to 23/09/2016   Kaluga   15/09/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/04/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74232/17 04/09/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Gay Pride march and two rallies against discrimination of same-sex couples   Abakan   25/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 24/08/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74233/17 05/09/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Rallies and Gay Pride March   Blagoveshchensk   05/02/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 04/08/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74240/17 10/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies for the implementation of the Court’s judgment in Alekseyev case from 10/10/2016 to 12/10/2016   Lipetsk   10/10/2016     content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74244/17 08/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies against violence and discrimination of gender minorities on 05/11/2016   Kirov   05/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74245/17 05/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Rally and Gay Pride march   Velikiy Novgorod   02/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 18/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74247/17 07/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Picketing, march and a rally to promote respect for the rights and freedoms of the lesbian, gay and transgender minority in Russia, planned for 28/09/2016 and 05/10/2016   Ivanovo   05/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74275/17 04/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Gay Pride march and rallies from 01/10/2016 to 03/10/2016   Ryazan   01/10/2016     content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74282/17 03/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Gay Pride and rallies promoting respect for the rights and freedoms of lesbian, gay and transgender minority in Russia   Smolensk   31/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74284/17 02/06/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Rally and Gay Pride march scheduled for 09/10/2016 and 11/10/2016 to promote respect for the rights and freedoms of homosexual persons in Russia   Tambov   11/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 10/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   74290/17 29/05/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Cron Bernard Genève Picketing, Gay Pride and rallies from 06/10/2016 to 10/10/2016 against violence and discrimination of lesbian, gay and transgender individuals   Oryol 10/10/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, cassation appeal to the Supreme Court of Russia; 2/05/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   75210/17 14/10/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     Rallies and March against the ban of Gay Prides in Russia   Birobidzhan   06/02/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 29/09/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   76257/17 29/01/2016 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     seven public assemblies (picketing, gay prides, rallies) to fight homophobia and to support of the rights of gays, lesbians, bisexuals and transgender persons, planned between 10/03/2015 and 17/03/2015   Arkhangelsk   10/03/2015 content-based restriction with reference to law banning promotion of homosexuality notification procedure, 30/09/2015 Arkhangelsk Regional Court, 1st tier cassation; complaint to the Supreme Court of Russia lodged on 26/01/2016 - outcome unknown Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   77655/17 23/10/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     three public assemblies calling for the execution of the Court’s judgment in the case of Alekseyev v. Russia and for the amendment of the Russian law in this respect   Perm   07/11/2016 content-based restriction with reference to law banning promotion of homosexuality notification procedure, the Supreme Court of Russia; 03/10/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   77996/17 25/10/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     Gay Pride and rallies calling for amendments to Russian law related to the LGBT rights and for the enforcement of the Court’s judgment on the issue, planned in the period from 01/03/2017 to 03/03/2017   St Petersburg   01/03/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 03/10/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   78127/17 26/10/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     two Gay Prides and anti-homophobia rally, planned between 18/03/2017 and 20/03/2017   St Petersburg   18/03/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 29/09/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   78498/17 24/10/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     Rallies and Gay Pride parade to promote legalisation of same-sex marriages, tolerance towards homosexual minorities and prohibition of LGBT discrimination   Khabarovsk   07/02/2017 content-based restriction without reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia 22/09/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   78643/17 03/11/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Vladimir KLIMOV 23/02/1988     Rally for LGBT House, LGBT rally and March planned between 12/04/2017 and 14/04/2017   Yekaterinburg   12/04/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia, 27/09/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   79265/17 02/11/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Vladimir KLIMOV 23/02/1988     Two rallies and Gay Pride parade   Stavropol   22/03/2017       content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 23/10/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   79851/17 07/11/2017 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Sofya Andreyevna MIKHAYLOVA 14/08/1986 Vladimir KLIMOV 23/02/1988     Picketing on 04/05/2017 and Gay Pride march on 11/05/2017   Achinsk   11/05/2017 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia, 29/09/2017 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   84677/17 15/04/2016 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Kirill Sergeyevich NEPOMNYASHCHIY 05/12/1981 Sofya Andreyevna MIKHAYLOVA 14/08/1986     a public assembly against the Russian federal law banning promotion of homosexuality on 02/01/2014   Moscow   02/01/2014 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 18/03/2016 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   84680/17 19/04/2016 (3 applicants) Nikolay Aleksandrovich Alekseyev 23/12/1977 Yaroslav Nikolayevich YEVTUSHENKO 11/08/1994 Sofya Andreyevna MIKHAYLOVA 14/08/1986     two public assemblies to promote President Putin’s call for tolerant attitude to gender minorities on 21/02/2015   Moscow   21/02/2015 content-based restriction with reference to law banning promotion of homosexuality notification procedure, Supreme Court of Russia; 18/03/2016 Art. 13 - lack of any effective remedy in domestic law - in relation to Article 11 complaint   3702/18 25/11/2017 Nikolay Articles de loi cités
Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;JUDGMENTS;COMMITTEE;ENG
- Formation
- 27
- Date
- 16 janvier 2020
- Matière
- droits fondamentaux
Référence
ECLI:CE:ECHR:2020:0116JUD002662415
Données disponibles
- Texte intégral