The case concerns a dispute over the organization of an LGBTI rights ‘Equality March’ in Kyiv in 2013. The European Court of Human Rights found violations of Article 11 (freedom of assembly) and Article 13 (right to an effective remedy) of the Convention.The Court determined that the ban on demonstrations in Kyiv’s city center, which forced organizers to change the venue, constituted an interference with the applicants’ rights under Article 11. The Court found that the legal provisions used by Ukrainian courts (Article 39 of the Constitution and Article 182 of the Code of Administrative Justice) did not meet Convention requirements for quality of law and were insufficient grounds for restricting freedom of assembly.Key provisions of the decision include:
- The Court rejected the government’s argument that since the march still took place (in a different location), there was no violation of rights. The Court noted that the change of venue meant the rally couldn’t receive proper police protection against possible opponents.
- The Court found no discriminatory motives in the court’s decision to ban all public events in the city center, as it affected both pro and anti-LGBTI demonstrations equally.
- The Court determined that Ukraine violated Article 13 because the applicants had no effective means to appeal the ban before their planned event date.
- The Court awarded each applicant €6,000 in non-pecuniary damages and €2,400 for costs and expenses.
