The Presidium of Moscow City Court, the highest court in the city, rejected the appeal of organizers of Gay Pride in Moscow to reconsider the ban against the event by city’s authorities.

Moscow City Court previously dismissed the appeal against a ruling by Tverskoy District Court of Moscow, on 9 July, to uphold the ban on Moscow Pride.

In this appeal for the court to reconsider its previous decision, Nikolai Alekseev, chair and founder of Moscow Pride, demanded a cancellation of the ban according to the 2010 ruling by the European Court of Human Rights (ECHR).

ECHR ruled that by banning Moscow Pride in 2006, 2007 and 2008 Russia breached three articles of the European Convention of Human Rights, to which it is signatory, including the right to freedom of assembly, the right to effective legal remedy and the ban on discrimination.

The ordered Russia to lift the ban and pay compensation to Alekseev, an appeal by Russia in 2011 to overturn this decision was rejected.

Nevertheless, city authorities defied the ECHR ruling and banned Moscow Pride in 2011.

Yesterday (25 December) the Presidium of Moscow City Court refused to consider this appeal thereby confirming the legitimacy of the ban which has been applied seven times in a row since 2006, in defiance of ECHR ruling.

This decision also defies a strong recent criticism by the Council of Europe Committee of Ministers (CECM) over the continued failure of Russia to implement the ECHR’s ruling, demanding a plan of action be submitted to the body to address the issue by the end of 2012.

Alekseev told Gay Star News that Moscow’s authorities banned the May event on various grounds, most recently stating that holding the event in the city centre could ‘upset’ families and children, and that some participants could behave ‘provocatively’.

This despite that the organizers of Moscow Pride expressed their willingness to carry out the event in any area within the administrative boundaries of Moscow, and ensure no profanity or nudity during the march, but this was not taken into consideration by the Moscow city court nor the authorities.

Speaking with GSN Alekseev said: ‘We are not really surprised by decision; we never won a case in the Moscow City Court. Such decisions are arbitrary and political and against international conventions and obligations of which Russia is a signatory.

‘This means we will apply to the ECHR over Russia’s violation of its ruling, in addition we are considering also appealing to Russian Supreme Court.

‘This joins three more pending cases in ECHR against the Russian ban of Moscow Pride in 2009, 2010 and 2011.

‘Moscow City court is just ignoring these decisions, and that would make it very difficult for Russia to justify its actions to CECM by the end of this year’.

The Council of Europe Committee of Ministers is expected to meet and discuss Russia’s report on its application of ECHR ruling in March 2013.

Moscow’s regional parliament has rejected an anti-gay ‘propaganda’ bill similar to homophobic laws passed elsewhere in Russia.

The proposed law, which would ban ‘non-traditional sexual orientation propaganda to minors’, was filed with the Duma on 16 November by the local Council of Municipal Entities.

A Duma spokesman told the RIA Novosti news agency today (22 November) that the legislation ‘will not be accepted’ because it is in conflict with the country’s federal law.

St Petersburg’s city assembly adopted a ‘gay gag’ law in February following the introduction of similar bans in the Russian administrative regions of Ryazan and Arkhangelsk in 2006 and 2011.

The St Petersburg law punishes ‘homosexual propaganda’ in public alongside pedophile propaganda with fines of up to $15,600, and is designed to protect children from positive messages about LGBT people.

Last month Madonna faced prosecution under the law for speaking out for gay rights during her concert in the city.

Moscow City Court has upheld the ruling against holding a gay parade in the Russian city despite it breaking European law.

The Tverskoy District Court dismissed an appeal on 9 July submitted by the parade’s organizer Nikolai Alekseev, and said they will continue to ban gay pride from March 2012 to May 2112.

In defiance, Alekseev claimed to have found a loophole in Russian legislation and submitted requests for gay pride parades for the next 100 years to the Moscow Mayor’s office.

Speaking to Gay Star News, he said: ‘Russia is simply isolating itself from the modern world, while advocating its perspective of traditional values.’

The refusal stated the gay parade would substantially complicate the work of businesses, limit the freedom of travel of citizens, and violate their rights and legal interests.

Alekseev and the other parade organizers say the Moscow government has violated not only Russian law, but also the European Court of Human Rights.

In the Alekseev v Russia case, the ECHR ruled bans on gay parades in the Russian capital are illegal.

Alekseev said: ‘’It is all shows that Russia has no intention of respecting international conventions and obligations that deal with LGBT rights.

‘I think Russia is becoming more aggressive because there is increasing pressures from all sides, from the European Union, the United Nations, international diplomacy and so of for more protection of LGBT rights.’

UK-based gay rights group Stonewall has condemned the ban.

‘It’s a matter of grave concern that Moscow’s municipal government has again marginalized the city’s gay community,’ said Stonewall international officer Jasmine O’Connor.

‘It’s another sign of the dire situation for Russia’s 8.5 million lesbian, gay and bisexual people, whose human rights are routinely abused by the government and police.

‘We’ll continue to press the British government to do all it can to confront homophobic human rights abuses worldwide.’