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POLAND
Polish Gays Take Warsaw to European Court of Human Rights
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The claim was lodged jointly by the Equality Foundation and organisers of five rallies connected to the Equality Parade: Tomasz Baczkowski (Equality Foundation), Robert Biedron and Tomasz Szypula (Campaign Against Homophobia), Yga Kostrzewa and Krzysztof Kliszczynski (Lambda Warsaw). Equality March last June was not authorised by the then President, or Mayor, of Warsaw, Lech Kaczynski (below), who is now President-elect of Poland (he was elected in October and takes office on December 23).
Kaczynski cited “traffic law” as the reason for what was effectively a ban. Organisers of the parade, which highlighted a wide range of equality legal and social issues from gay rights to women’s issues, disability, and ethnic minorities, vowed that the march would go ahead. The organised eight “stationary” rallies so that moving from one rally to another actually formed the Equality Parade. But Kaczynski banned six of them, citing the Law on Assemblies. But on June 11, the “illegal” parade went ahead, with politicians and celebrities also taking part. Deputy Prime Minister Izabela Jaruga-Nowacka, who was also Minister for Social Policy, and Tomasz Nałęcz, the deputy speaker of Parliament, even joined a rally in front of the Parliament building. “I am here to express my protest against the Mayor’s decision which is a violation of the Polish constitution and of civic rights. I am here to show my respect for the Polish tradition of tolerance,” the deputy speaker said at the time. And at a conference prior to the parade, the Deputy Prime Minister called for a broad educational campaign on homosexuality. She said that in Poland gays are seen as people to be afraid of. Police estimated that around 2,500 people took part in the march. But violence broke out when counter demonstrators started hurling stones and eggs at the parade. The claimants argue that, first of all, their right to freedom of peaceful assembly as guaranteed by Article 11 of the European Convention on Human rights was violated. In the opinion of the claimants all legal actions undertaken by the Mayor of Warsaw were based on political and ideological grounds, not the letter of law. Rules of the Traffic Law (with regard to the Equality Parade) and rules of the Law on Assemblies (with regard to rallies connected to the Equality Parade) were used as instruments to ban the Equality Parade using arguments which seemingly were supposed to conform to the law. However, these arguments failed to meet standards of human rights based on the case-law of the European Court of Human Rights. Secondly, the claimants argue that their right to an effective remedy guaranteed by Article 13 of the Convention was also violated since they were not able to file an effective appeal against the Mayor’s decision before the date of the Equality Parade and the rallies. The ban on Equality Parade 2005 showed deep imperfection of the Traffic Law. The Law may be used by the authorities to place an arbitrary ban on assemblies and decisions may be issued on dates which make it impossible to file an appeal. In the opinion of the claimants, the Mayor issued and delivered decisions on dates which made it impossible to the organisers to appeal against the decisions before June 11. Finally, the claimants also argue violation of Article 14 of the Convention which precludes discrimination for any reasons in the enjoyment of rights and freedoms of an individual. In the opinion of the claimants, the actions of the Mayor were discriminatory in nature. Organisers of the Equality Parade were required to submit documents (“traffic organisation scheme”), not required from organisers of numerous other assemblies. In addition, as early as in the second half of May 2005 (long before the decision was issued), the Mayor made it no secret that he would ban the Equality Parade for ideological reasons. The claimants hope that the judgement of the European Court of Human Rights will serve as a warning to the authorities not to abuse rights of individuals and not to use the law as an instrument in current political affairs. With the claim, the claimants stress that no citizen in a democratic state should be forced to seek acts of citizen’s disobedience following actions by politicians. The claim lodged with the European Court of Human Rights was drawn up by the lawyers of the Helsinki Foundation for Human Rights. Professor Zbigniew Hołda will be the claimant’s litigator in the proceedings before the Court. PREVIOUS REPORTS ON POLAND Thousands Back Gays in Peaceful Polish Demonstrations. More than 1,000 protestors assembled in the centre of Warsaw today demanding tolerance, freedom of speech and the right of assembly, especially for gays. Similar demonstrations were held over the weekend in other Polish cities – and outside the Polish Embassies in Berlin and London. (UK Gay News, November 27) London Joins Warsaw in ‘Solidarity Protest’ for Gay Rights in Poland. As gays in Warsaw – and their allies – start their demonstration for equality in the Polish capital’s Plac Konstytucji (Constitution Place), The UK Green Party will protest, described by the party as a “boutique protest”, in solidarity outside the Polish embassy in London. (UK Gay News, November 25) MEP Slams EU For “Gutless Hypocrisy” Over Plight of Polish Gays. A British Member of the European Parliament has hit out at the homophobic attitudes being fostered in Poland under the new right-wing government – has has charged that the European Commission (EC) is “gutless”, while Amnesty International call for the Polish government to fulfil its obligations to sexual minorities under international human rights laws. (UK Gay News, November 25) Polish PM Slinks in Back Door to Avoid London Gay Protest. Poland’s homophobic Prime Minister, Kazimierz Marcinkiewicz, made an undignified entrance via a side street to avoid gay rights protesters picketing his lecture at Chatham House in London this afternoon .(UK Gay News, November 24) Marches of Solidarity with Gays Planned Throughout Poland This Weekend. Peaceful demonstrations are to be staged in a number of Polish cities this weekend, it was announced today. Demonstrations, in solidarity with Poznań where police in full riot gear were brought in to break up a peaceful “March for Equality” last weekend, are to be staged in Elblag, Gdańsk , Krakow, Lodz and the capital, Warsaw. (UK Gay News, November 24, 2005) Euro MP: Homophobic Polish Prime Minister Is Not Welcome in UK. As the Polish Prime Minister, Kazimierz Marcinkiewicz, makes his first official visit to the UK since his election tomorrow (Thursday November 24), London’s Green MEP, Jean Lambert, has spoken out in anger against Marcinkiewicz’s homophobic policies and the treatment of Lesbian, Gay, Bisexual and Transgender (LGBT) people in Poland. (UK Gay News, November 23, 2005) Gay Lobby Should Undergo Medical Treatment, Says Polish MP. An ultra-conservative MP of Poland's ruling right-wing Law and Justice (PiS) party has said the “the state should statutorily ban making any positive remarks about homosexuality or promoting it.” (UK Gay News, November 23, 2005) Poznan Update: Dramatic Video Footage Shows Extent of Police Violence During Gay Demo. London Protest Set for Thursday. ILGA-Europe Protests to Barroso. Dramatic – and unedited – video footage of the problems in Poznan has been released by Indymedia.pl. (UK Gay News, November 22, 2005) The Battle of Poznan: A Gay Suspect’s View of the Poznan Events. By Tomasz Szypula. I am 25. I was born four months before the Solidarity began its revolution in August 1980. The only Poland I can remember is time after 1989. The time of democracy – at least until last Saturday. (UK Gay News, November 21, 2005) Riot Police Detain, Interrogate 65 at Gay Demo in Poznań. “They were dragging us around on the street” - Demonstrator. The police in Poznań today briefly detained and interrogated 65 demonstrators during the March of Equality organized by organizations of leftist and gay activists in Poznań, western Poland. (UK Gay News, November 21, 2005)
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Posted: 16 December 2005 at 23:30 (UK time)