[Filmfestivalresearch] Side by Side LGBT Film Festival: Guilty and Fined 12,500 Euros for Violating "Foreign Agents" Law, Russia

Manny de Guerre manny at bok-o-bok.ru
Fri Jun 7 13:47:00 CEST 2013


Press Release: 7th June, 2013

Side by Side LGBT Film Festival: Guilty and Fined 12,500 Euros for Violating
"Foreign Agents" Law, Russia 

On 6 June, 2013, Saint Petersburg, Russia Magistrates Court Judge Oleg
Camaldinov took a mere 10 minutes of 'deliberation' to declare Side by Side
LGBT Film Festival guilty for not registering as a 'foreign agent'. The
judge, even after defence lawyers had presented 4 hours of solid and
incontrovertible argument, was not to be persuaded opting to side with the
local public prosecutor who produced flimsy and insubstantial evidence
against the festival. The organization faces a fine of 12,500 Euros. 

Court proceedings on the second day of trial opened with questions
concerning the legality of inspections carried out against Side by Side. The
prosecutor's representative V.V Stepanchenko stated that the festivals logo
was the main motivation for the checks due to the fact that it is not
registered. Lawyers - Dmitry Bartenev and Sergey Golubok, refuted this
proposition insisting that this was not reasonable grounds for carrying out
checks into an organization and moreover according to the law the
prosecutors office has no authority to initiate administrative proceedings
against non-profit organizations without concrete evidence. In effect
inspections against Side by Side were illegal but the Judge was to see no
reason for stopping the hearing, considering the case  legitimate and all
reason to continue. 

Accusations concerning Side by Side's 'political activity' amounted to the
publication of a brochure: The Worldwide LGBT Movement: Local Practices to
Global Politics and participation in the social awareness campaign: "Let's
Stop the Homophobic Bill Together." Notably, both these activities were
implemented prior to the 21 November, 2012 when the law came into force. The
Russian Constitution however states that new laws cannot be used against
activities implemented earlier - another fact to be ignored by both
prosecutor and Judge Camaldinov. 

Another line of defence presented related to the organizations activities.
Side by Side LGBT Film Festival is a cultural organization and the 'Foreign
Agents' law stipulates that organizations working in the field of culture
are exempted from registering. Lawyers drew attention to this fact as well
as recent recommendations in a report by the High Commissioner for Cultural
Rights citing the need and development of a cultural space for the LGBT
community in Russia in order to promote greater tolerance and acceptance.
Showing a movie, organizing a discussion or publishing information brochures
should not and cannot be qualified as a 'political activity.'

Despite these strong lines of argument the prosecutors representative V.V
Stepanchenko remained muted throughout occasionally standing to read from
the resolution and evidence already presented. Lawyers were left without
response to important issues raised concerning both the legality of the
checks and the evidence presented in court. For the Judge however it seemed
enough and within a matter of 10 minutes was able to return a guilty verdict
with a fine of 12,500 Euros. The decision was greeted with both shock and
silence from spectators. "There is no justice!" shouted festival organizer
Manny de Guerre to which the judge smiled sadly and nodded.

Side by Side LGBT Film Festival was the first to fall foul in St. Petersburg
of the draconian 'foreign agents' law. Yesterday's trial showed its purpose
is to fight against any kind of dissent, quelling any activity - cultural or
other - free thought, branding it as 'political'. 

The organizers Side by Side LGBT Film Festival will appeal to the High
Court.  

Manny de Guerre

Side by Side LGBT International Film Festival

 <mailto:manny at bok-o-bok.ru> manny at bok-o-bok.ru 

Тel: +7.812.313.9341  

Mob+7.911.710.2702                 

 <http://www.bok-o-bok.ru/> www.bok-o-bok.ru  

 <http://shop.bok-o-bok.ru/> http://shop.bok-o-bok.ru

 

 <http://vkontakte.ru/club2049553> vkontakte
<http://www.twitter.com/sidebysideff> twitter
<http://www.facebook.com/group.php?v=info&ref=mf&gid=253830262456> facebook

    

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