Violence against LGBTI people

(Application no. 17184/18), 15 July 2019

Find here the communicated case.

• The present case involves targeted arrests, ill-treatment and forced medical examinations in detention of members of the LGBTI community in Baku.
• ILGA-Europe together with Civil Rights Defenders and REDRESS submitted the following:
  • The status of the victim of violence as a sexual or gender minority should be taken into account in the assessment of Article 3 violations. Indeed, discriminatory use of violence against a vulnerable group is an important factor and the ECtHR has acknowledged that LGBTI minorities may constitute vulnerable groups.
  • Forced medical examinations directed at LGBTI members constitute a breach of Article 3 and Article 8 of the Convention. International human rights bodies denounce cases of forced medical examinations, describing them as torture and ill-treatment. The context of detention, the environment of negative attitudes against LGBTI minorities and the discriminatory motives of the medical examinations are relevant factors for the Court’s finding of an Article 3 violation.
  • Contracting States have a positive obligation under the Convention to investigate allegations of ill-treatment and torture with discriminatory elements. According to the ECtHR, a failure to unmask the role of possible homophobic motives constitutes an infringement of Article 3 in its procedural element in conjunction with Article 14 of the Convention.
  • Widespread discriminatory laws and practices against LGBTI people in Azerbaijan underline their vulnerability to discriminatory torture and ill-treatment.

In recent days, Armenia’s LGBTI community has been seriously failed on multiple occasions by national authorities after concerted attacks by conservative groups. This is a grievous betrayal of their responsibilities under international human rights law.

On 6 November, the organisers of the annual Eastern European and Central Asia Forum Conference of LGBTI+ Christians were forced to cancel the 2018 event, scheduled to take place in Yerevan on 14-18 November.

This decision was forced upon the organisers after a series of death threats, vandalism and homophobic acts directed at (perceived) LGBTI people in Armenia.

“ILGA-Europe are demanding a swift response from national authorities in Armenia – they must investigate these attacks, hold the perpetrators accountable and defend their LGBTI citizens.” said ILGA-Europe Executive Director Evelyne Paradis.  “Attacks of this nature cannot be dismissed or ignored.”

Local host organisation ‘New Generation’ had to suspend its work after staff members were intimidated by anti-LGBTI activists and its director’s car was vandalised. Several tourists who were thought to be Forum attendees were violently assaulted on the street in early November and Forum participants received hundreds of death threats on social media.

Politicians and law enforcement agencies alike have failed to live up to their responsibility to protect the lives and physical integrity of their citizens. Even more worryingly, in some cases, they have actively escalated the tension.

Not only have the police failed to offer significant protection to the victims of these death threats, opposition political parties have mobilised right-wing extremist groups and been the source of these threats themselves. Also, on 24 October, Prime Minister Nikol Pashinyan referred to LGBTI equality as a ‘headache’ during a parliamentary discussion of the Forum, saying that ‘family values’ are the most important thing for him.

“The Prime Minister’s statements have contributed to a claustrophobic climate, making it almost impossible for LGBTI human rights defenders to work. LGBTI human rights defenders stand for family values for all people – and every family is deserving of the state’s protection.” commented ILGA-Europe’s Programmes Director, Bjorn van Roozendaal.

In the wake of death threats and increasingly violent hate speech directed towards the LGBTI community, Armenia’s government and law enforcement agencies must provide adequate safeguards for the LGBTI community and its allies.

ILGA-Europe call on regional and international organisations to utilise all mechanisms available to them in order to ensure Armenia adheres to its human rights obligations.

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• As of 2018, Armenia currently sits at 48^th place (out of 49 countries) in the Rainbow Europe ranking on LGBTI law and policy.
• The latest update from the European Forum of LGBT Christian Groups and the “New Generation” Humanitarian NGO is available here.
• The Forum Conferences of LGBT Christians of Eastern Europe and Central Asia has taken place since 2004 in various countries (Ukraine, Russia, Estonia, Moldova, Romania). The event brings together 60–70 LGBTI people of faith, activists, church ministers, and psychologists for several days of intensive networking, discussions, sharing, and prayer.

Violence against LGBTI people

(Nos. 21029/13, 40620/14, 23914/15, 26806/15, 32617/16 and 49542/16), 17 September 2018

Find here the communicated case.

• The applications concern violence caused by private individuals and/or the danger of repeated such violence, as well as the alleged insufficiency of investigations and/or impunity of the perpetrators by the Moldavian authorities.
• ILGA-Europe together with the Equal Rights Trust submitted that:
  • It is critical that the potential application of Article 14 be given specific consideration wherever there is a prima facie case that violence is motivated by bias against LGBT+ persons. Bias-motivated violence impacts disproportionately and differently on members of minority groups, including LGBT+ persons. It thus demands a response which recognises its discriminatory causes and consequences.
  • Positive obligations under Articles 14 and 3 encompass duties of prevention, protection, investigation and prosecution. Violations of Article 14 taken with Article 3 may be found where particular judicial or prosecutorial practices have a disproportionate impact on individuals of a vulnerable group and fail to take into account the discriminatory nature of the violence.

Nine members of the LGBTQ community in Armenia were attacked late last night by a group of over 30 people.

According to reports received by ILGA-Europe from our member organisation PINK Armenia, the victims were LGBTQ community members – some of whom are activists. (One of the group is a staff member of PINK Armenia and another victim is on the organisation’s board.)

The incident took place in the village of Shurnukh, in the Syunik region located in the south-east of Armenia. At approximately 20.00, 30 people confronted the nine community members in the street, beating them and leaving two of the group with serious injuries that required hospitalisation. Seven of the victims received minor injuries.

Despite calling the police after the attack, the victims stated that officers did not reach them until 21.30, despite Shurnukh being a relatively small town.

PINK Armenia have been liaising with the victims in hospital since the attack took place, as well as visiting the Goris police station. The Ombudsman’s office are also understood to be in contact with law enforcement officials following the incident.

ILGA-Europe are appalled to hear of this violent hate crime carried out against members of the LGBTQ community. This is the latest in a series of disturbing incidents this year; a trend that cannot be allowed to continue.

LGBTQI people are part of Armenian society and should be able to live fully and freely, without fear. We call on local police officers, national law enforcement agencies and policymakers to find the perpetrators, fully investigate this incident without delay and introduce laws to protect LGBTI people against bias-motivated crimes.

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Armenia is currently at 48th place (out of 49 countries) on the Rainbow Europe Map/Index, ranking countries in terms of their LGBTI-inclusive law and policies. 

The first comprehensive report issued by an international organisation on the widespread human rights abuses inflicted on the LGBTI communities in Chechnya was adopted last night.

The Parliamentary Assembly of the Council of Europe (PACE) has adopted the Report on the Persecution of LGBTI people in the Chechen Republic (Russian Federation) compiled by Piet De Bruyn, General Rapporteur on the rights of LGBTI people.

The report was adopted unopposed (with 33 votes in favour and one abstention). 

ILGA-Europe welcome this important report (the first of its kind from an international organisation) on concerted persecution of LGBT people (and those perceived to be LGBTI) perpetrated by authorities in the Chechen Republic of the Russian Federation over a year ago.

“Not only is the report (on which the final PACE resolution is based) the first of its kind from an international institution, it’s a critical reminder for the world that the repression of the LGBTI communities in Chechnya is not over.” said Evelyne Paradis, ILGA-Europe Executive Director in reaction to the vote.

“A full independent investigation, carried out without delay – that is what is still urgently needed. And this report is unequivocal: if the Russian authorities do not act, then the international community must conduct such an investigation. We commend Piet de Bruyn on his dedication and for bringing the voices of LGBTI people in Chechnya back into the spotlight.”

The report is based on first-hand accounts, interviews with victims, civil society organisations, investigative journalists, as well as secondary sources, such as NGO and media reports. It recognises that the “anti-gay purge was unique in its magnitude and its horror”, expresses regret that the Russian state has not conducted an investigation despite overwhelming evidence regarding the perpetration of these crimes.

One victim has lodged a formal complaint, documenting the harassment and violence that they suffered. The PACE report emphasises that this does not absolve the Russian authorities of their responsibility to conduct a thorough investigation into the broader persecution campaigns.

It calls on the international community to (should the lack of action on part of the Russian authorities continue) conduct an investigation independently to ensure that no impunity exists for perpetrators, and thus prevent the risk of spill-over to other nations. The report also highlights the link between the persecutions and the existence of the so-called anti-gay propaganda legislation in Russia, which “contributes to stigmatising LGBTI people and creating a fertile ground for hatred”, and calls on the Council of Europe to renew calls for this law to be repealed.

Furthermore, the report calls on member states of the Council of Europe to welcome asylum seekers from Chechnya to ensure the safety of victims and their families, as well as all LGBTI people living in a republic the leader of which aims to “cleanse the nation of all deviations”.

ILGA-Europe joins the calls made in the Report on the Persecution of LGBTI people in the Chechen Republic, and urges governments to ensure that the horrific human rights violations perpetrated by authorities in Chechnya against (perceived) LGBTI people are not forgotten.

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• The report by Piet de Bruyn is available here.
• The final PACE resolution (as adopted on 27 June) is available here.

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Background to the report:

The persecutions were first publicly documented on 1 April 2017 by Russian newspaper Novaya Gazeta. The abuses included abduction, arbitrary detention, torture and even killing, of over a hundred (perceived) gay men, and several LBT persons.

In total, over 300 people were affected, and over a hundred fled the republic. At least three people were confirmed to have died as a result of the torture they experienced, with several others suspected of being killed by their families in so-called honour killings. 

Yet, over a year later, no investigation has been conducted by the Russian authorities despite overwhelming evidence.

The UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz, has published his first report.

The report highlights that LGBTI people are particularly vulnerable to violence, ill-treatment and discrimination, many facing it every day, at the hands of state authorities, individuals, criminal gangs, and even their own families.

Legislation criminalising same-sex acts as well as legislation limiting the freedom of expression around this topic “fuel stigma, legitimise prejudice and expose people to family and institutional violence and further human rights abuses, such as hate crimes, death threats and torture”.

Furthermore, the report highlights entrenched gender norms and societal expectations of how things should be (such as notions of what constitutes male and female, masculine and feminine, binary and non-binary, family and relationships) and the consequent will of some to punish, destroy or fix those who are seen not to fit these norms by virtue of their sexual orientation, gender identity, or gender expression.

In particular, ILGA-Europe  welcome the intersectional approach this report takes, highlighting the multidimensionality of the experience of any given individual, and drawing particular attention to the experiences of trans and bisexual individuals. ILGA-Europe would, however, welcome more attention to the experiences of intersex people.

We look forward to working with Victor Madrigal-Borloz in the coming months and years to tackle the root causes of discrimination and violence against all members of the LGBTI communities. 

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• Read Victor Madrigal-Borloz’s full report in full here.

ILGA-Europe have received reports of LGBTI-phobic attacks against members of the community in Armenia. LAST UPDATED: 17 April

*Content warning: some graphic descriptions of violence are included below.*

According to the latest update published by one of our member organisations, PINK Armenia, a 15-year-old was stabbed in Yerevan last weekend. The attack was committed on 1 April by a 35-year-old man who, following his arrest, told police that he had carried out the stabbing because he assumed that the victim was gay.

This follows the news that a trans woman was attacked in her own apartment on 27 February, also in Yerevan. Again, the updates came via an ILGA-Europe member, Right Side NGO. An attacker physically assaulted J, the 32-year-old woman, before locking her up and setting her apartment on fire.

These shocking events are not isolated incidents and have prompted many organisations to protest in front of the General Prosecutor’s Office earlier today, calling for adequate investigations into LGBTI-phobic hate crimes. ILGA-Europe add our voice to the demand for an immediate and thorough investigation.

Armenia is currently at 47th place (out of 49 countries) on the Rainbow Europe Map/Index, ranking countries in terms of their LGBTI-inclusive law and policies. 

• A full list of the actions required immediately from state authorities is available on the PINK Armenia website (in Armenian, with English and Russian versions also available).

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UPDATE ON 17 APRIL:

News of additional discriminatory attacks against members of the LGBTI community have reached ILGA-Europe since last weekend.

• Right Side NGO have confirmed that on 11 April one of their employees was subjected to violence and mocked during a visit to the Arabkir military commissariat station. The human rights defender was threatened and insulted, and also had their phone confiscated by military service workers.
• Our member organisation Right Side also became aware of an incident on 15 April, where a trans woman living in Yerevan was physically attacked. Her throat was cut during the attack and we understand that she is currently being treated in hospital. 

Miranda Pagava, an activist with Equality Movement and a trans woman, has been attacked in the Georgian capital of Tbilisi.

Trans woman and LGBTI activist, Miranda Pagava was assaulted by a man who had tried to convince her to get into his car on a street in the Georgian city of Tblisi. After she refused, he verbally attacked her using using transphobic and homophobic slurs, before physically assaulted her.

Pagava later reported the attack to the police. The perpetrator has since been arrested and a criminal case has been initiated.

The transphobic nature of this attack must be taken into account by the Georgian authorities. As is clear from our Rainbow Europe ranking, SOGI grounds are included as aggravating factors in law in Georgia.

• Read more about the Tblisi attack in this statement from Equality Movement: http://www.equality.ge/en/transgender-activist-got-attacked-tbilisi/

Also the Georgian state should take decisive preventive measures, as this is not the first case of a transphobic hate crime.

• In February 2017, four trans people were victims of physical violence in the centre of Tbilisi. Ten men armed with batons, sticks and sharp objects attacked the women.
• In October 2016, Zizi Shekiladze was violently attacked in Tbilisi. She was taken to the hospital, but doctors could not save Zizi’s life, a month later she died in the hospital.
• In November 2014, 23-year-old Sabi Beriani was found dead in a rented apartment in one of the districts of Tbilisi. The investigation reported that Sabi died from stab wounds.

Physical violence on ground of sexual orientation.

(Application no. 50231/13), 9 May 2014 

Find Court’s communication here.

• The applicant complained of the lack of an appropriate procedural response of the Croatian authorities to an act of violence by a private party motivated by her sexual orientation.
• ILGA-Europe together with the AIRE Centre and the ICJ provided an overview of the prevalence and nature of homophobic and transphobic hate crimes in Council of Europe member states. They presented a survey of international, EU and comparative law on the procedural and substantive obligations of member states to investigate such crimes, including a possible bias motive, and, when determining sanctions, to take proper account of the bias motive. 

ILGA-Europe’s position is based on international human rights standards. It respects the principle of indivisibility of human rights and establishes no hierarchy between rights and freedoms, including freedom of thought, conscience and religion. It can by no means be understood as an attempt to limit the expression of different opinions in the frame of legitimate political debates relating to the rights of LGBTI people.

General principles

• ILGA-Europe calls on public authorities to adopt comprehensive strategies to combat prejudice and to promote dialogue, education and mutual respect to achieve full inclusion of lesbian, gay, bisexual, trans and intersex (LGBTI) people in a society free from intolerance.
• ILGA-Europe believes that public authorities must guarantee LGBTI people’s freedom of expression, a necessary condition to combat intolerance, prejudice and incitement.

Comprehensive action against prejudice

• ILGA-Europe calls on governments, legislatures, independent equality bodies and other public authorities to implement sound anti-discrimination and awareness raising policies in their respective remit. This includes mechanisms to tackle and react to manifestations of intolerance and prejudice in all relevant sectors.
• The area of education is a priority in that respect. Another priority is the professional training of all relevant public sector professionals. Public information campaigns are equally necessary, particularly in areas such as intolerance on-line or in sports.
• The media and their professional organisations should be encouraged to develop and respect codes of conduct reflecting equality principles and to provide specific training to their staff, including on issues related to sexual orientation, gender identity and gender expression.
• All relevant stakeholders should cooperate with civil society organisations, including community-based organisations, in order to build on their expertise.

Prohibition of incitement to discrimination, hostility and violence

• ILGA-Europe calls on legislators to prohibit incitement to discrimination, hostility and violence on all grounds, including sexual orientation, gender identity and gender expression, in the respect of international human rights standards (UDHR, ICCPR, ECHR). Victims should be provided with a range of appropriate remedies, including civil law redress mechanisms and the right to reply.
• Prohibition of incitement must always be provided by law, be necessary and proportional to its objective. Relevant prohibiting provisions should be consistent with anti-discrimination and criminal legislation. They should not create penalties that would be more severe than the sanctions applicable to cases of actual discrimination, hostility and violence.
• Legislation should define clear guidelines for Courts to assess all incitement cases in a coherent way, on the basis of well-defined criteria.

Violent attack against LGBTI individuals

(Application No: 12060/12), January 2014 

Find Court’s judgement here. (violation of Articles 3 and 14 and award of damages)

• The applicants complained about the authorities’ failure to conduct adequate investigation into their criminal complaints concerning acts of violence motivated by hatred against homosexuals, and more generally about the lack of adequate legislative and other measures to combat hate crimes directed against the LGBTI minority in Romania.
• ILGA-Europe together with FIDH and the AIRE Centre submitted the following:
  • Failure to protect LGBTI individuals from violent attacks or to properly investigate allegations of hate crime and bring the perpetrators to justice threatens not only the rights of the victims but also the rights of the LGBTI community as a whole, as they would fear becoming victims of violent homophobic crimes.
• The European Court of Human Rights delivered its judgement on 12 April 2016.
• In its judgement, the Court referred to the submission (paras 101 to 104), particularly regarding the general climate of hostility towards LGBTI individuals in Europe and the very high level of discrimination on grounds of sexual orientation in Romania. The Court also noted ILGA’s call for adequate training for all law enforcement agencies in the field of LGBTI rights and hate crimes.
• The Court considered that the treatment to which the applicants were subjected and which was directed at their identity must necessarily have aroused in them feelings of fear, anguish and insecurity. It was not compatible with respect for their human dignity. Further, the investigations into the allegations of ill-treatment were ineffective and failed to take into account possible discriminatory motives. Accordingly, the Court found violation of Article 3 read together with Article 14.

In 2012, the EU adopted a Directive on the position of crime victims in criminal proceedings (Directive 2012/29, OJ 2012 L315/57; the ‘2012 Directive’), replacing a ‘Framework Decision’ on the same subject, which had been adopted back in 2001 (OJ 2001 L 82/1).

The Directive will apply to every EU Member State except Denmark (which remains bound by the Framework Decision); Member States are obliged to apply it by 16 November 2015 (see Article 27(1) of the Directive). All references in these guidelines concern this Directive, unless otherwise indicated.

This publication is about how to devise and implement training for police forces better to tackle LGBTI-phobic hate crime.

This publication is about research on legal grounds and political arguments on hate crimes in the European Union.

On the grounds of previous submissions and policy documents, ILGA-Europe believes that the Victims’ Rights package to be presented in May by the European Commission should include measures aiming at:

Reinforcing the existing EU legislation on the rights of victims by providing a clear definition of the concept of “vulnerable victim” that would include victims of bias crimes, on the basis of European and international instruments adopted by all Member States at the OSCE and at the Council of Europe;
Developing EU policies in order to define high European standards in the areas of data collection, support to victims and training of law enforcement officers, prosecutors and judges. These policies should take into account the role of civil society victim support organisations and include a strong focus on victims of bias violence and hatred.

Joining forces to combat homophobic and transphobic hate crime

This publication is the result of a research conducted in 2009-2010, in the frame of a project supported by the Dutch government. ILGA-Europe believes that this publication will provide law enforcement authorities and LGBT organisations across Europe with a set of useful suggestions and methodological tools to develop and strengthen joint actions to fight hate crime more efficiently.

This handbook is designed for LGBT and human rights organisations who intend to monitor the occurrence of homophobic and transphobic incidents and violence in order to advocate for legislative changes to increase legal protections from violence motivated by hatred towards LGBT people at national, European and international levels.