Police breached Russian legislation, judge rules
The 13 gay activists arrested in a Moscow polling station on December 2 during the Russian State Dumas election for “protest voting”, were acquitted today by a judge.
The 13, including Moscow Gay Pride organisers Nikolai Alekseev, Nikolai Baev and Alexey Davydov, were among more that two dozen activists who went to vote in polling station 165, where the homophobic mayor of Moscow Yuri Luzhkov votes, to protest against the whole electoral process and homophobic position of all political parties including President Vladimir Putin’s “United Russia” for which Mr. Luzhkov was heading Moscow list.
Mayor Luzhkov has banned two Moscow Prides in as many years.
The 13 who were detained inside the polling station by special security and police and taken to Tverskoi district police station where they spent seven hours. They were charged of conducting a picket without notifying the Moscow authorities. According to the Russian law it is an administrative offence which carries a fine of up to 2,000 roubles (40 UK pounds).
Judge Larisa Bogdanovich agreed with the prosecution that by detaining the activists for more than three hours, the police seriously breached the Russian Administrative Code and acquitted the 13.
The Moscow court interrogated two police officers who allegedly took part in the detaining of the activists on December 2.
According to court ruling, the police officers were unable to say what the detained persons did inside the polling station. They said that by arresting people they only followed the orders of the higher authorities within the police.
Court observed that activists did not have any agitation materials with them, they did not demand anything from the authorities by using placards. Court concluded that there was no picketing held in the meaning of Russian law on public meetings which means that persons detained did not conduct an illegal public gathering.
“This is our first considerable victory in courts in the legal fight with Moscow authorities and Moscow Mayor personally,” commented Mr. Alekseev, who wrote on his ballot paper in Russian No to homophobes! No to Luzhkov!.
“Lawlessness of the authorities can be witnessed during all our actions – but up to now we never won in court. This is a positive signal”.
Now acquitted, Russian activists are considering legal suit for moral damages against Moscow police for illegal arrest and detention.
President Putin’s ‘United Russia’ party overwhelmingly won parliamentary elections on December 2, though the Moscow list of the party with Mr. Luzhkov as its head got slightly less votes than in the country in general.
GayRussia.Ru, UkGayNews.Org.Uk