09.04.2015
For the first time, the UN Human Rights Committee recommended Russia to take into account the hate motive in investigations of crimes committed against LGBT.
On April 2, 2015 the UN HRC issued its concluding observations based on the seventh periodic report of the Russian Federation. A special place in the document was given to the list of issues and recommendations related to the rights of LGBT individuals.
For the first time in the practice of international law, the Human Rights Committee has pointed out to the authorities of Russia the need to take into account the hate motive in the investigation of homophobic and transphobic crimes. This means the provisions of the Russian Criminal Code that recognize the hate motive against any "social group" as an aggravating circumstance can now be used protect the rights of LGBT people. Law enforcement agencies and the courts will have to specifically investigate the motive of attacks on people on the grounds of their sexual orientation and gender identity.
Kseniya Kirichenko, “Coming Out”’s lawyer: "The recommendations are truly of historical significance for the protection of the rights of LGBT people and LGBT human rights defenders. Until now the main obstacle for the effective investigation of crimes committed based on homophobia or transphobia was a problem of non-recognition of LGBT people as a social group. This fact was used to refuse to initiate criminal proceedings or to qualify attacks as minor offences. Now we have a serious argument that canlead to the formation of a new judicial practice, and we intend to refer to the recommendations of the Human Rights Committee in our cases in St. Petersburg"[1].
In addition to the recommendations dealing with hate crimes, Human Rights Committee has urged the Russian Federation to make a public declaration about the inadmissibility of any form of social stigmatization of homosexuality, bisexuality, or transgender people, as well as discrimination or hate speech directed against citizens because of their sexual orientation or gender identity. The committee recommended that Russia allow the realization of the right to freedom of expression and freedom of assembly for LGBT people, as well as to repeal the state and federal laws prohibiting "propaganda of non-traditional sexual relations among minors" as reinforcing negative stereotypes of LGBT people, and restricting their rights.
Further information:
[1] Non-acceptance of LGBT as a social group was the main argument to reject the investigation of the criminal case against Vitaliy Milonov for hate speech, and to reject the investigation of the homophobic attack on two young lesbians in St. Petersburg in October 2014. The attack on the office of “LaSky” in 2013, during which Dmitriy Chizhevskiy has lost one eye, has also gone unpunished, the homophobic motive of the attack was not taken into account by the law enforcement.