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Rainbow NewsThe trial of Vyhod ("Coming out") failed to find the homophobic foundation in Russia
28 May 2013
The trial of the LGBT organization "Vyhod", which, according to prosecutors, is involved in politics, promoting the idea of tolerance towards gays and lesbians in the Russian society started on May 27th in Saint-Petersburg. The authorities require that "Vyhod" acknowledged the status of a foreign agent.
For more than four hours the judge listened to the arguments of the parties. The lawyers of "Vyhod" Dmitry Bartenev and Sergey Golubok insisted on dismissal of the case in connection with the illegality of the investigation, legal uncertainty of the law "about foreign agents" and innocence of the organization. First of all, the lawyers pointed out that the prosecution can not initiate the investigation due to the absence of any violations. To the judge this argument was irrelevant - in fact, she said, "if no violation occurred, then you would not be here."
In addition, the wording of the law does not allow for an organization to understand whether it is engaged in political activity, or affects the public policy and how. Therefore, the lawyers have petitioned a request to find conformity of the law with the Constitution. The Prosecutor was not interested in the issues of legal uncertainty, and, in his opinion, a request to the Constitutional Court would "delay the process," and therefore is "impractical." The court sided with the prosecutor's office, said "Vyhod" later.
The main argument of defense consisted of the fact that human rights are not a political activity. Moreover, even if the court were to recognize the job of protecting the rights of minorities to be a political activity, it remains unclear what kind of public policy the organization is trying to change.
"Where is it stated that homophobia is a state policy of Russia?" - asked the lawyer Sergei Golubok. But neither the judge nor the prosecutor has given an answer to this question.
The trial of the LGBT organization "Vyhod" will continue on June 11 at 10 am in St. Petersburg at the address: 7/19 Kima avenue. "Vyhod" in facing a fine or even closure.
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