STRASBOURG, May 3, 2007  –  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.

The seven judges, including Judge Lech Garlicki from Poland, ruled unanimously that there had been:  a violation of Article 11 (freedom of association and assembly) of the European Convention on Human Rights;  a violation of Article 13 (right to an effective remedy) of the Convention; and a violation of Article 14 (prohibition of discrimination).

The case was taken to Strasbourg by the Foundation for Equality (Fundacja Równości) and five of its members –Tomasz Bączkowski, Robert Biedroń, Krzysztof Kliszczyński, Inga Kostrzewa and Tomasz Szypuła, who are also members of non-governmental organisations that campaign on behalf gay men and women.

They complained that their right to peaceful assembly had been breached by the way in which the domestic authorities had applied relevant domestic law to their case.  They also complained that they had not had at their disposal any procedure which would have allowed them to obtain a final decision before the date of the planned demonstrations.

And they further alleged that they had been treated in a discriminatory manner in that they had been refused permission to organise certain demonstrations whereas other organisers had obtained permission.

In its judgement, the Court “reiterated that it attached particular importance to pluralism, tolerance and broadmindedness.

“Pluralism was also built on the genuine recognition of, and respect for, diversity and the dynamics of cultural traditions, ethnic and cultural identities, religious beliefs, artistic, literary and socio-economic ideas and concepts.

“The harmonious interaction of people and groups with varied identities was essential for achieving social cohesion.

“It was only natural that, where a civil society functioned in a healthy manner, the participation of citizens in the democratic process was to a large extent achieved through belonging to associations in which they might integrate with each other and pursue common objectives collectively.

“The positive obligation of a State to secure genuine and effective respect for freedom of association and assembly was of particular importance to those with unpopular views or belonging to minorities, because they were more vulnerable to victimisation.”

Today’s judgement becomes final in three months.  Either party has the right to request a further hearing in the ‘Grand Chamber’ of 17 judges.

■  Click HERE for the full text.

SEE ALSO

MEP Praises Polish Gay Activists in Wake of Euro Court Ruling.  President Kaczyński considers possible ‘appeal’: Polish gays ‘delighted’.  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.  (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)