The Strasbourg Court requested new explanations from Moldova – Decision will not come before the next Pride

On January 28, the Fourth Chamber of the European Court of Human Rights has asked the Moldovan authorities to provide further clarifications on the complaint of the LGBT organization GenderDoc-M on the ban of a peaceful demonstration in support of laws designed to protect sexual minorities from discrimination. The demonstration was supposed to take place in front of the Moldovan parliament on May 27, 2005 during the fourth gay pride in Chisinau.

The claim of GenderDoc-M was received by the Court on March 7, 2006, but the procedure only started on May 23, 2008.

After the Moldovan authorities presented their position on the ban, the Court found it necessary to request additional informations from the State and notified both parties on this respect on February 10.

According to the court case, on April 7, 2005 GenderDoc-M sent to the Municipal Council of Chisinau an application for a permit to hold a peaceful demonstration near the parliament building of the country on May 27, 2005. The aim of the public event was to urge legislators to protect the representatives of sexual minorities from any discrimination.

On April 27, the Chisinau Municipal Council rejected the application on the grounds that the demonstration had no meaning since the law on the Protection of National Minorities has already been adopted.

On May 6, the City Council also refused to issue a permit with reference to the Law on the Protection of National Minorities, as well as legislative provisions establishing a list of subjects of legislative initiative.

The Moldovan LGBT Organization appealed the decision of the authorities to ban the demonstration and on June 2, 2005 the Appeal Court recognized the decision of the city authorities ‘illegal’, stressing that the purpose of public events are determined by its organizer.

But the Chisinau Municipality appealed the verdict, arguing that it received numerous letters from individuals and organizations who have spoken strongly against a public action of sexual minorities, as well as the introduction of any legislation aimed at legalizing same-sex partnerships. The authorities referred to various provisions of laws aimed at protecting marriage and family.

On September 7, 2005, the Supreme Court of Moldova decided to refer the case to the Court of Appeal for review. Representatives of the mayor's office have presented in court a number of new arguments to justify the refusal to allow the demonstration. According to them, holding public events promoting human rights of sexual minorities would undermine the public order and the social morality.

In addition, the authorities referred to the fact that the organizers failed to undertake several obligations prescribed by the law with regards to the conduct of the event.

On 25 October 2005, the Court of Appeal decided to close the case due to the absence of the representatives of GenderDoc-M for the hearing.

On February 8, 2006 the Supreme Court found some procedural irregularities in that decision and sent the case back for retrial in a lower court.

On June 14, 2006 the Court of Appeal said that the ban of the demonstration was legitimate.

October 18, 2006 the Supreme Court upheld the decision of the lower court, citing the fact that the organizers do not comply with a number of commitments relating to the conduct of public events.

The Supreme Court concluded that the holding of a demonstration of sexual minorities could lead to a breach of public order.

In its complaint to the European Court GenderDoc-M said that the Moldovan authorities had violated several articles of the European Convention on Human Rights : Article 6 (right to fair trial), Article 13 (right to effective remedy), Article 11 (right to freedom of assembly) and, article 14 (prohibition of discrimination) in conjunction with Article 11.

The applicants stressed that in their possession there was no procedure to obtain a final court decision before the date of the event.

The additional questions requested by the Court to the Moldovan authorities take away all hopes for a Court decision before the next Moldovan Pride planned scheduled on May 2, 2010.

GayRussia.Ru