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IV. “The Just Position of the Moscow Government”

According to a statement by the Moscow mayor’s deputy press spokesman, Mikhail Solomentsev, 30 Russians were arrested in the May 27 violence “for different offenses,” of whom 18 were “gay rights activists.”²⁴ All but three of the latter were released that evening, charged with participating in an unsanctioned demonstration, an administrative offense carrying a fine. 

Three co-organizers of Moscow Pride—Nikolay Alexeyev, Nikolay Khramov, and Sergey Konstantinov—were charged with the more serious offense of disobeying the orders of police, in violation of Article 19.3.1 of the Administrative Offenses Code,²⁵ as well as with walking on the street (as opposed to the sidewalk).  However an ILGA-Europe representative, who had been at City Hall, had seen all three clearly on the sidewalk as they attempted to hand in a petition. The representative also observed all three follow OMON police to the truck immediately after they were arrested, offering no resistance.

The three were held overnight at Tverskaya police station, while international pressure mobilized on their behalf.  Police brought Alexeyev, Khramov, and Konstaninov to a Moscow administrative court for a hearing on the morning of May 28.  Representatives of Human Rights Watch and ILGA-Europe attended. MEP Marco Cappatto and MP Volker Beck testified in the first case heard, that of Khramov.

All three cases were postponed. The court released all three defendants after they undertook not to leave the country before a verdict. At successive hearings on June 8 and 9, Nikolay Khramov and Nikolay Alexeyev were convicted and fined 1,000 roubles (about US$40).  The judge refused to admit as evidence photographs submitted in the men’s defense; she reportedly called the earlier testimony of European parliamentarians “frivolous.”²⁶  Alexeyev announced his intent to appeal the verdict. Sergey Konstantinov’s case was scheduled to be heard by the same judge on June 22.

Mayor Luzhkov’s representive Solomentsev used the violence to justify banning all demonstrations for LGBT people’s human rights:

We have to note here the accurate, coordinated, and respectful work by the police, who acted strictly within the law. Attempted attacks against gay rights activists prove yet again the just position of the Moscow government, which does not allow holding such manifestations, so that they do not end with serious conflicts between antagonists—of which we have many in our country—and supporters of sexual minorities … The Moscow government will continue to suppress such illegal actions organized by anyone, including representatives of the gay movement.²⁷

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