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Russia Declares LBGT as an Extremist Movement
Courtesy/By: PARAM SAKET SARANG | 2024-03-06 22:57 Views : 78
Russia Declares LBGT as an Extremist Movement
Introduction
In response to the 2023 Supreme Court ruling labelling the "international LGBT movement" as extremist, Russian courts have handed down the first known convictions for extremism.
The Supreme Court ruling paved the way for the arbitrary prosecution of LGBT individuals as well as anyone who stands up for their rights or shows support for them.
Reversing the ridiculous "extremism" categorization and overturning the recent convictions are the only ways to address this travesty of justice.
Views of the Russian Supreme Court
Human Rights Watch stated today that Russian courts have handed down the first recorded convictions for extremism as a result of the 2023 Supreme Court decision labelling the "international LGBT movement" as extremist. The verdict from the Supreme Court, which was delivered on November 30 but wasn't made public until mid-January 2024, suggests that there might be a lot more convictions.
The rainbow flag was also ruled to be an illegal emblem of the "LGBT movement" by the Supreme Court. In at least three of the cases that courts have heard in recent weeks, flag display has been the basis for administrative sanctions. A lady was given a five-day jail sentence by a Nizhny Novgorod court in late January for wearing earrings with rainbow colours after she and her friend were harassed in a cafe.
A judge in the Volgograd region also fined someone for posting a rainbow flag on a social media website towards the end of January. A lady was punished by a Saratov court at the beginning of February for sharing a rainbow flag on social media.
Tanya Lokshina, associate director of Human Rights Watch for Europe and Central Asia, stated that "the Supreme Court decision opened the floodgates to allow arbitrary prosecution of lesbian, gay, bisexual, transgender, and queer people, along with anyone who defends their rights or expresses solidarity with them." "Russian authorities have criminalized LGBT visibility after years of trying to eradicate it."
For fear of legal repercussions, at least three organizations that advocate for LGBT rights have ceased operations. Several police raids on homosexual clubs, instances of self-censorship, and an increase in the number of requests for legal help from the few remaining LGBT support groups—which are now operating covertly—are further fallout from the verdict.
Human Rights Watch declared that the Supreme Court decision and the ensuing prosecutions are discriminatory, breach several rights, and ought to be overturned.
A person found guilty of displaying emblems of extremist groups may be sentenced to up to 15 days in detention for the first offence and up to four years in prison for subsequent offences under Russian criminal legislation. An extreme organization's funding or participation carries a maximum 12-year prison sentence. Authorities have the right to freeze the bank accounts of anybody they suspect of having ties to extremist organizations and to add them to the national "list of extremists." It is illegal for anyone associated with an extremist group to run for public office. The Russian parliament has approved draft legislation that broadens the definition of "justifying extremism" in its first reading.
Supreme Court Decision
The Russian Justice Ministry filed a case on November 2, which led to the Supreme Court's decision. Although the decision was made on November 30, its content wasn't made public until the police used it as evidence in Mosina, the photographer's prosecution. The complete version was published in mid-January by Saratov-based Svobodnye Novosti (Free News).
The International Covenant on Civil and Political Rights (ICCPR), to which Russia is a party, guarantees several rights, including the freedoms of expression, opinion, association and assembly, privacy, due process, remedy, equality, and nondiscrimination. The ruling, as well as the way the court arrived at it, violates these rights. In addition to violating the bans on arbitrary detention, the arbitrary application of criminal law without a solid legal foundation, and the retroactive application of criminal law, the authorities' actions, as previously mentioned, to punish people based on the ruling—which was not made public—also violate the law.
Other fundamental rights, including those to health and education safeguarded by the International Covenant on Economic, Social, and Cultural Rights (ICESCR), a treaty to which Russia is a member, are also under jeopardy as a result of the verdict.
The organizations contended that the lack of an organized association characterizes the "movement" by Russian legislation, which is further supported by the Justice Ministry's inability to identify a defendant to participate in the proceedings. They argued that, in essence, criminalizing advocacy and human rights work supporting LGBT persons and creating legal uncertainty would result from the decision to outlaw a nonexistent group after a secret hearing.
A law passed in December 2022 expanded this to a complete prohibition that applies to all public information and pro-LGBT activities for individuals of all ages, with harsher sanctions in place for acts involving minors. The purpose of the law was to further keep kids away from any knowledge about gender identity and sexual orientation, including gender transition. It instituted fines for sharing such material up to the equivalent of US$8,700 for individuals and $54,000 for legal bodies, such as non-governmental organizations.
Conclusion
Due to the Supreme Court's classification of the "international LGBT movement" as extreme in Russia, those who support LGBTQ+ rights have been unfairly convicted and arbitrarily prosecuted. This decision upholds discrimination and violates fundamental human rights. Correcting this injustice requires reversing these convictions and doing away with the extremist classification. Ensuring justice for all people, irrespective of their gender identity or sexual orientation, requires upholding the ideals of equality and freedom of speech. To promote a society where variety is welcomed and every person is treated with dignity and equality under the law, the Russian legal system must place a high priority on justice and respect for human rights.
References
Courtesy/By: PARAM SAKET SARANG | 2024-03-06 22:57
