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

entered into force ten days after the date of its adoption. This time-frame made it impossible for the organisers of an event, even with their best efforts and forward planning, to obtain a final decision before the scheduled date of the event, because neither the administrative authorities nor the courts were required to complete the proceedings before that date.
96. The applicant reiterated that the date for the events in issue had been chosen intentionally, on account of its symbolic meaning as the anniversary of the abolition of criminal liability in Russia for homosexual acts. Therefore, it was essential for the demonstration, if allowed, to be held on that day.

2. The Court's assessment

97. The Court reiterates that the effect of Article 13 is to require the provision of a domestic remedy allowing the competent national authority both to deal with the substance of the relevant Convention complaint and to grant appropriate relief, although Contracting States are afforded some discretion as to the manner in which they comply with their obligations under this provision (see, among many other authorities, Chahal v. the United Kingdom, 15 November 1996, § 145, Reports of Judgments and Decisions 1996-V). In the present case the Court has found that the applicant's rights under Article 11 were infringed (see paragraph 88 above). Therefore, he had an arguable claim within the meaning of the Court's case-law and was thus entitled to a remedy satisfying the requirements of Article 13.
98. The Court reiterates that, bearing in mind that the timing of public events is crucial for the organisers and participants, and provided that the organisers have given timely notice to the competent authorities, the notion of an effective remedy implies the possibility of obtaining a ruling concerning the authorisation of the event before the time at which it is intended to take place (see {Baczkowski} and Others, cited above, § 81). It is therefore important for the effective enjoyment of freedom of assembly that the applicable laws provide for reasonable time-limits within which the State authorities, when giving relevant decisions, should act (ibid., § 83).
99. The Court observes that in the present case, the applicable laws provided for time-limits for the applicant to give notice of the events. In contrast, the authorities were not obliged by any legally binding time-frame to give their final decisions before the planned date of the march or the picketing. The Court is therefore not persuaded that the judicial remedy available to the applicant in the present case, which was of a post-hoc character, could have provided adequate redress in respect of the alleged violations of the Convention.
100. Therefore, the Court finds that the applicant has been denied an effective domestic remedy in respect of his complaint concerning a breach of his freedom of assembly. Consequently, the Court concludes that there has been a violation of Article 13 in conjunction with Article 11 of the Convention.

III. Alleged violation of Article 14 of the Convention

101. Lastly, the applicant complained of the discriminatory manner in which the Moscow authorities had treated the application to hold the public events organised by him. Relying on Article 14 in conjunction with Article 11 of the Convention, he contended that he had suffered discrimination on the grounds of his sexual orientation and that of other participants. Article 14 of the Convention reads:
"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."
102. The Government disagreed with this allegation, claimin

> 1 2 3 ... 17 18 19 20 ... 21