WARSAW, May 3, 2007  –  The ruling by the European Court of Human Rights on the banning of Warsaw Gay Pride in 2007 has been both welcomed and condemned here today – Constitution Day in Poland.

While in Brussels, a leading Member of the European Parliament, prised the courage of the five Polish activists to took the case to the court in Strasbourg.

The court ruled that in banning Warsaw Gay Pride in 2005, three Articles of the European Convention on Human Rights had been breached.  (See Kaczynski’s Ban of Warsaw Gay Pride in 2005 Violated Euro Human Rights – Court)

The only official Polish Government statement came from Maciej Lopinski, the Secretary of State in the President’s Chancellery.  He told the Polish Press Agency that President Lech Kaczyński, who was Mayor of Warsaw in 2005 and banned the city’s Gay Pride, will consider whether to take further action.

Under European Court of Human Rights procedures, either party to a case has three months to make a request for a full “Grand Chamber” hearing before 17 judges.

Mr. Lopinski is quoted by the news agency as saying that the Polish authorities are very liberal towards sexual minorities and that the President disagrees with Court’s judgement

Three gay advocacy groups in Warsaw were all “very happy” with today’s ruling in Strasbourg. And they acknowledged the assistance of the Warsaw office of Helsinki Foundation for Human Rights who played a major role in preparing the case.

One of the five individuals who took the case to Strasbourg, Tomasz Szypuła, told UK Gay News this afternoon that the ruling gave him personal satisfaction.

“[It] gives us extra energy to fight for LGBT rights in Poland,” he said.   “I remember taking decision in 2005 to be one of five people organizing the Pride – and it was a very difficult decision.”

Also hailing the judgement was Robert Biedron, the president of Campaign Against Homophobia and another of the activists who took the case to court

“It’s a very important step towards equality for gay and lesbian people in Poland, and I think also in several other countries in central and eastern Europe,” he told the Associated Press.

Speaking from his office in Brussels, Michael Cashman, the MEP for West Midlands in the UK and president on the European Parliament’s Intergroup on Gay and Lesbian Rights said he was “extremely pleased” with the court’s ruling.

“It is a vindication of everything that we have been saying about the actions of the Government of Poland against the fundamental freedoms of Polish LGBT men and women,” he pointed out.

“This ruling is first and foremost the victory of courage; it took courage for Polish LGBT activists to decide to fight this decision right through to Strasbourg.

“Their actions were rewarded, and in doing so have become shining examples of what it is to be a human rights defender in 21st century Europe.”

In a statement also issued in Brussels by the European arm of the International Lesbian and Gay Association, executive director Patricia Prendiville  expressed delight that the court had “firmly and unanimously” confirmed that the freedom of assembly and expression belongs to all.

“There is a significant case-law already established by the court in regards to freedom of assembly and now we know that the same principles are equally applicable to LGBT citizens,” she said.

“We hope that this decision of the European Court of Human Rights will put a final stop to the outrageous violations of the right to peaceful demonstration by LGBT people which we witnessed during the last few years in some European cities.

“We hope that this decision will be yet another argument supporting European Mayors to sign ILGA-Europe’s appeal on freedom of assembly and expression for LGBT people and thus wipe out yet another ugly expression of homophobia from Europe.”

In Moscow, gay activists were pouring over the judgement – they have a case against Russia and the Moscow city authorities that was submitted to the court following the bam on Moscow Pride Parade last May.

“This is of huge importance to us in Moscow,” Nikolai Alekseev, one of the Moscow Pride organisers, told UK Gay News.

The past seven days has seen a ‘double whammy’ for Poland when it comes to gay rights.

Last week, the European Parliament passed a “Homophobia in Europe” resolution.  During the debate, Poland was severely criticised for its record of human rights violations of LGBT people.

Prior to the debate, ultra-right Polish MEPs tried to stop the debate going ahead, but failed despite being joined by UK Conservative MEPs.

SEE ALSO

Kaczynski’s Ban of Warsaw Gay Pride in 2005 Violated Euro Human Rights – Court.  The then Mayor of Warsaw, Lech Kaczynski, who is now President of Poland, violated three Articles of the European Convention of Human Rights when he banned Warsaw Gay Pride in 2005, the European Court of Human Rights ruled this morning.  (UK Gay News, May 3, 2007)

Warsaw Pride 2005 Coverage

Gay Pride in Warsaw ‘a Great Success” say Activists, by Peter Gentle in Warsaw.  Around 2,500 gay, lesbian and human rights campaigners marched through the centre of the Polish capital on Saturday, despite having the ‘Equality Parade’ banned by the mayor of Warsaw.  (UK Gay News, June 13, 2007)

Deputy Prime Minister Shows ‘Solidarity’ at Warsaw Gay Parade.  Two high-ranking Polish government officials joined the Gay Pride event today in Warsaw, despite a “ban” by the city’s Mayor, Lech Kaczynski.  (UK Gay News, June 11, 2007)

Poland Fails EU Human Rights Obligations On Gay Issues - OutRage!  The banning of Warsaw Pride by the city’s Mayor, Lech Kaczynski, sets a dangerous precedent for the respect of gay rights in the European Union, says Brett Lock of the gay human rights group OutRage!  (UK Gay News, June 8, 2007)

Warsaw’s Gay Pride Parade To Go Ahead Despite Mayor’s Ban.  Defiant gays in Warsaw have pledged that their Pride Parade scheduled for June 11 will go ahead, despite a ban announced last week by the city’s mayor.  (UK Gay News, May 23, 2007)

Mayor Puts Damper on Gay Pride Parade in Warsaw.  News is coming in that the Mayor of Warsaw, Lech Kaczynski has banned the Polish capital’s Pride Parade which was scheduled to be held on June 11.   (UK Gay News, May 19, 2007)