Постановление Европейского суда по правам человека от 21.10.2010 «Дело Алексеев (Alekseyev) против России» [англ.]

EUROPEAN COURT OF HUMAN RIGHTS

FIRST SECTION

CASE OF ALEKSEYEV v. RUSSIA
(Applications Nos. 4916/07, 25924/08 and 14599/09)

JUDGMENT <*>

(Strasbourg, 21.X.2010)

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<*> This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Alekseyev v. Russia,
The European Court of Human Rights (First Section), sitting as a Chamber composed of:
Christos Rozakis, President,
Nina {Vajic} <*>,
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<*> Здесь и далее по тексту слова на национальном языке набраны латинским шрифтом и выделены фигурными скобками.

Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and {Andre} Wampach, Deputy Section Registrar,
Having deliberated in private on 30 September 2010

PROCEDURE

1. The case originated in three applications (Nos. 4916/07, 25924/08 and 14599/09) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Russian national, Mr Nikolay Aleksandrovich Alekseyev ("the applicant"), on 29 January 2007, 14 February 2008 and 10 March 2009.
2. The applicant was represented by Mr D.G. Bartenev, a lawyer practising in St Petersburg. The Russian Government ("the Government") were represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
3. The applicant alleged a violation of his right to peaceful assembly on account of the repeated ban on public events he had organised in 2006, 2007 and 2008. He also complained that he had not had an effective remedy against the alleged violation of his freedom of assembly and that the Moscow authorities' treatment of his applications to hold the events had been discriminatory.
4. On 17 September 2009 the Court decided to give notice of the applications to the Government. It was also decided to join the applications and to rule on the admissibility and merits of the applications at the same time.

THE FACTS

I. The circumstances of the case

5. The applicant was born in 1977 and lives in Moscow. He is a gay rights activist.

A. Pride March and picketing on 27 May 2006

6. In 2006 the applicant, together with other individuals, organised a march to draw public attention to discrimination against the gay and lesbian minority in Russia, to promote respect for human rights and freedoms and to call for tolerance on the part of the Russian authorities and the public at large towards this minority. The march was entitled "Pride March" that year, and "Gay Pride" in subsequent years, to replicate similar events held by homosexual communities in big cities worldwide. The date chosen for the march, 27 May 2006, was also meant to celebrate the anniversary of the abolition of criminal liability in Russia for homosexual acts.
7. On 16 February 2006 the Interfax news agency published a statement by Mr Tsoy, the press secretary of the mayor of Moscow, to the effect that "the government of Moscow [would] not even consider allowing the gay parade to be held". Interfax further quoted Mr Tsoy as saying: "The mayor of Moscow, Mr Luzhkov, has firmly declared: the government of the capital city will not allow a gay parade to be held in any form, whether openly or disguised [as a human rights demonstration], and any attempt to hold any unauthorised action will be severely repressed".
8. On 22 Februa

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