IV. The Just Position of the Moscow GovernmentAccording to a statement by the Moscow mayors deputy press spokesman, Mikhail Solomentsev, 30 Russians were arrested in the May 27 violence for different offenses, of whom 18 were gay rights activists.24 All but three of the latter were released that evening, charged with participating in an unsanctioned demonstration, an administrative offense carrying a fine. Three co-organizers of Moscow PrideNikolay Alexeyev, Nikolay Khramov, and Sergey Konstantinovwere charged with the more serious offense of disobeying the orders of police, in violation of Article 19.3.1 of the Administrative Offenses Code,25 as well as with walking on the street (as opposed to the sidewalk). However an ILGA-Europe representative, who had been at City Hall, had seen all three clearly on the sidewalk as they attempted to hand in a petition. The representative also observed all three follow OMON police to the truck immediately after they were arrested, offering no resistance. The three were held overnight at Tverskaya police station, while international pressure mobilized on their behalf. Police brought Alexeyev, Khramov, and Konstaninov to a Moscow administrative court for a hearing on the morning of May 28. Representatives of Human Rights Watch and ILGA-Europe attended. MEP Marco Cappatto and MP Volker Beck testified in the first case heard, that of Khramov. All three cases were postponed. The court released all three defendants after they undertook not to leave the country before a verdict. At successive hearings on June 8 and 9, Nikolay Khramov and Nikolay Alexeyev were convicted and fined 1,000 roubles (about US$40). The judge refused to admit as evidence photographs submitted in the mens defense; she reportedly called the earlier testimony of European parliamentarians frivolous.26 Alexeyev announced his intent to appeal the verdict. Sergey Konstantinovs case was scheduled to be heard by the same judge on June 22. Mayor Luzhkovs representive Solomentsev used the violence to justify banning all demonstrations for LGBT peoples human rights:
24 Gays did not succeed in creating public disorder, Rossiiskaya Gazeta, May 28, 2007. Police thus arrested a significantly higher number of LGBT rights supporters than of their attackers. More LGBT rights supporters were arrested in 2007 than during the attacks on Moscow Pride in 2006: Then, six LGBT rights supporters were arrested; three were charged with participating in an unsanctioned demonstration, and threeincluding Nikolay Alexeyevwere charged with organizing an unsanctioned demonstration, an administrative offense carrying a 2,000-ruble (about US$80) fine. 25 This offense could incur 15 days in jail. 26 One of Moscow Gay Pride Organizers Found Guilty, Gayrussia.ru, June 8, 2007, and Leader of Moscow Gay Pride Nikolai Alekseev Also Guilty, Gayrussia.ru, June 9, 2007, http://www.gayrussia.ru/en/ (accessed June 9, 2007). 27 Gays did not succeed in creating public disorder, Rossiyskaya Gazeta. |