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Alternative Report on Implementation of the Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment Or Punish

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Alternative Report on Implementation of the Convention Against Torture and Other Cruel, Inhuman Or Degrading Treatment Or Punish Alternative Report on Implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by the Russian Federation in Respect of Lesbian, Gay, Bisexual and Transgender Persons Submitted for the consideration of the 6th periodic report by the Russian Federation for the 64nd Session of the Committee Against Torture by Stimul LGBT group Coming Out LGBT Group Transgender Legal Defense Project with contributions from Russian LGBT Network 23 June 2018 Introduction and summary The present report was prepared by a coalition of three Russian Non-Governmental Organizations, namely “Stimul” LGBT Group, “Coming Out” LGBT Group, and Transgender Legal Defense Project, with contributions from Russian LGBT Network for the consideration of the UN Committee on Against Torture as an additional source of information to the sixth periodic report of the Russian Federation.1 This report compiles data on the situation of LGBT people in Russia collected by the above organizations in course of their legal and monitoring activities in 2012-2018 and is aimed to illustrate the problems regarding implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in respect of lesbian, gay, bisexual and transgender persons. The report examines four main problems, namely: (1) hate crimes committed on the basis of real or perceived sexual orientation, gender identity or gender expression and lack of effective investigation of such crimes, (2) cruel, inhuman or degrading treatment of LGBT people by law enforcement officials, (3) prosecution of LGBT human rights activists, and (4) forced psychiatric institutionalization of LGBT people. TABLE OF CONTENTS SECTION Page number Section 1. Hate crimes based on sexual 3 orientation, gender identity and gender expression Section 2. Cruel, inhuman or degrading treatment 9 of LGBT people by law enforcement officials Section 3. Prosecution of LGBT human rights 10 activists Section 4. Violations of human rights of LGBT 13 people in psychiatric institutions 1 CAT/C/RUS/6. 2 Section 1. Hate crimes based on sexual orientation, gender identity and gender expression The Committee requested the Russian Federation to “provide information on the numbers and outcomes of investigations into allegation of acts of violence and discrimination against <…> LGBT persons, the number and outcome of any resulting prosecutions and what redress has been provided to the victim”.2 The State party replied that “there are no arrangements in the Russian Federation for the collection of statistics of offences committed against its citizens on the grounds of race, ethnic background, origin, attitude to religion, beliefs, or membership of public associations or any social group”.3 All the cases of hate crimes based on sexual orientation, gender identity and gender expression listed in this section were recorded by monitoring programs of Coming Out LGBT Group,4 Russian LGBT Network,5 Transgender Legal Defense Project,6 and Stimul LGBT group.7 а. Statistical data During 2012-2018, the Russian Federation failed to undertake measures to implement the Committee’s recommendation “to take effective measures to ensure the protection of all persons at risk, including <...> LGBT.”8 From November 2012 to May 2018, at least 322 hate crimes against LGBT people were committed in Russia (excluding the North Caucasus), affecting 351 people. All these crimes included physical violence. In the same period, there were at least 14 murders of LGBT people motivated by homophobic or transphobic hatred, and 5 abductions of LGBT people (all accompanied by homophobic/transphobic harassment and physical violence). The most frequent type of such crimes is a physical assault against a LGBT person that takes place when the attacker(s) become(s) aware of the victim’s sexual orientation or transgender identity. Since 2012, we have documented 138 such assaults. Also in this period, there were at least 21 hate-motivated assaults against LGBT people during human rights. cultural and educational events. This is often the result of actions pre- planned by homophobic groups, while the police do not interfere and do not take effective action to find and punish the attackers. From November 2012 to May 2018, we recorded 32 cases of violence against LGBT people by their family members, such as kidnapping, physical abuse, illegal restriction of freedom and even murder (2 cases). In the same period, there were at least 13 cases of sexual violence against LGBT people, including 4 cases of "corrective" rape of homosexual or bisexual women, 6 cases of sexual 2 CAT/C/RUS/QPR/6, para. 26. 3 CAT/C/RUS/6, para. 267. 4 http://comingoutspb.com/eng/ Accessed on 20 June 2018. 5 https://lgbtnet.org/en Accessed on 20 June 2018. 6 http://pravo-trans.eu/about-us/ Accessed on 20 June 2018. 7 https://www.msk-stimul.eu/ Accessed on 20 June 2018. 8 CAT/C/RUS/CO/5, para. 15. 3 violence against transgender women, and 3 cases of sexual violence against homosexual or bisexual men. Cases of so-called “fake date” robbery became abundant in Moscow, St. Petersburg and other major cities in 2012-2018. The criminals arrange a ‘date’ to lure homosexual/bisexual men either into an apartment or a secluded place in the street, and then extort large sums of money threatening to disclose the victim’s sexual orientation to relatives and acquaintances or promising to press criminal charges for a sexual intercourse with a minor (the person who acts as “bait” and usually is not a minor) and make the case public through the media. Physical violence is often involved. We know of at least two criminal gangs that have been using this modus operandi for several years in St. Petersburg and Moscow. Targeting members of vulnerable groups, the criminals expect that their victims will not turn to law enforcement agencies for protection out of fear of a homophobic reaction on the part of the police, and therefore the perpetrators’ actions will go unpunished. This calculation usually proves to be justified. We know of 81 cases of "fake dates" that have occurred in the last 6 years. We also know about 18 cases of blackmail and extortion of large sums of money from homosexual and bisexual men by their acquaintances threatening to disclose their sexual orientation. b. The law prohibiting “propaganda of non-traditional sexual relations" as a factor that fosters hatred against LGBT people Since the adoption of the federal law on the prohibition of “propaganda of non-traditional sexual relations among minors”9 in 2013 there has been a significant growth in hate crimes against LGBT people. The “propaganda law” significantly increases the stigmatization of LGBT people and thus indirectly justifies and encourages violence against this group.10 In a large part of physical violence cases we have documented, attacks on LGBT people were accompanied by homophobic statements by the aggressors referring to the “propaganda law”: “you are prohibited by law”, “how dare you propagate”, etc. This report does not address the persecution of LGBT people in the Chechen Republic. However, it is important to note that the situation in Chechnya reflects the overall situation with respect to the rights of LGBT people in Russia. Homophobic propaganda which, in fact, has become part of the state official ideology “unties” the hands of law enforcement agencies and fosters systemic violence against LGBT people. c. Lack of effective investigation of crimes motivated by homophobic and transphobic hatred A key obstacle to qualification of crimes committed on the grounds of homophobia or transphobia as hate crimes is the state’s refusal to recognize LGBT people as a social group. The current version of the Criminal Code of the Russian Federation11 allows to account for hatred towards a social group as an aggravating circumstance (art. 63 paragraph 1 (e) of the Criminal Code) or a qualifying attribute (in particular, art. 105 paragraph 2 (l), art. 111 9 Article 6.21 of the Code of Administrative Offenses of the Russian Federation was introduced by Article 3 of Federal Law No. 135-FZ of June 29, 2013, "On Amending Article 5 of the Federal Law "On Protection of Children from Information Harmful to Their Health and Development" and Certain Legislative Acts of the Russian Federation in Order to Protect Children from Information That Promotes the Denial of Traditional Family Values". 10Cf., for instance the Human Rights Watch Report “Licence to Harm”, 2014: https://www.hrw.org/report/2014/12/15/license-harm/violence-and-harassment-against-lgbt-people-and- activists-russia Accessed on 20 June 2018. 11 The Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996 (hereinafter – the CC). 4 paragraph 2 (e), art. 112 paragraph 2 cl (e) of the Criminal Code). However, so far all attempts to initiate the application of relevant norms to homophobic and transphobic crimes have not been successful. In 2014, the Constitutional Court of Russia ruled the federal law banning “propaganda of non-traditional sexual relations among minors” to be in accordance with the Constitution of the Russian Federation.12 However, the Court noted: “...the state is called upon to take measures aimed at excluding possible infringement of rights and legitimate interests of individuals on the grounds of their sexual orientation and to provide effective measures for protection and restoration of their violated rights based on article 19(1) of the Constitution of the Russian Federation that declares the principle of equality of all before the law and the court. This constitutional principle implies inadmissibility of restriction in rights and freedoms or establishment of any advantages depending on an individual’s membership in certain social groups, which may include groups of persons with a certain sexual orientation, and is specified in the norms of sectoral legislation… State protection against discrimination, including on grounds of belonging or not belonging to any social groups, is also provided by the application of administrative (Article 5.62 of the Code of Administrative Offenses of the Russian Federation) and criminal (Article 63, part 1, clause ‘e’ of the Criminal Code of the RF) measures”.
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