Vladimir Putin

Russian courts have issued the first known convictions for ‘extremism’ arising from the 2023 Supreme Court ruling that designated the ‘international LGBT movement’ as extremist. Human Rights Watch has warned that more convictions may soon follow.

Alongside that designation for the LGBT movement, the rainbow flag was declared a forbidden symbol by the Supreme Court. Displaying the flag has been the basis for administrative penalties in at least three cases that courts have tried in recent weeks.

In late January, a court in Nizhny Novgorod sentenced a woman to five days detention for wearing rainbow-colored earrings after an individual accosted her and her friend in a cafe. Also in late January, a judge in Volgograd region handed down a fine over a rainbow flag published on a social media page. In early February, a court in Saratov fined a woman for posting a rainbow flag on social media.

“The Supreme Court decision opened the floodgates to allow arbitrary prosecution of lesbian, gay, bisexual, transgender, and queer people, along with anyone who defends their rights or expresses solidarity with them,” said Tanya Lokshina, associate Europe and Central Asia director at Human Rights Watch. Lokshina added: “For years, Russian authorities tried to erase LGBT visibility, and now they have criminalised it.”

At least three groups supporting LGBT rights have shut down their operations for fear of prosecution. Other consequences of the ruling have included a series of police raids of gay clubs, incidents of self-censorship, and an uptick in requests for legal advice from remaining LGBT support groups, which have now turned to working clandestinely.

Human Rights Watch has said that the Supreme Court ruling and prosecutions flowing from it are discriminatory, violate a wide range of rights, and should be overturned.

Under Russian criminal law, a person found guilty of displaying extremist group symbols faces up to 15 days in detention for the first offense and up to four years in prison for a repeat offense. Participating in or financing an extremist organization is punishable by up to 12 years in prison. The authorities may include individuals suspected of involvement with an extremist organization in the countrywide “list of extremists” and freeze their bank accounts. People deemed to be involved with an extremist organization are barred from running for public office. Draft legislation further expanding the notion of “justifying extremism” has passed first reading in Russia’s parliament.

The Supreme Court ruling is the most recent example of authorities’ long record of misusing Russia’s broad and vague anti-extremism legislation to prosecute peaceful critics and members of certain religious groups, Human Rights Watch said. Hundreds of people have been wrongfully prosecuted under criminal extremism legislation, according to the SOVA Research Center and the list of political prisoners released by prominent human rights group Memorial.

The Supreme Court ruling has drawn strong criticism internationally. The United Nations High Commissioner for Human Rights deplored the ruling, stating that “the law must never be used to perpetuate inequality and discrimination,” and saying that Russia should repeal laws that discriminate against LGBT people.

Five UN human rights experts reminded Russian authorities that under international human rights law, peaceful advocacy and expression of sexual orientation and gender identity can neither be considered “extremist” nor legitimate grounds for administrative and criminal prosecution.

“The ruling has no basis in reality; it is filled with conspiracy theories, false and unsubstantiated claims, and hateful stereotypes; and it seeks to impose ‘traditional values’ ideology through repressive criminal law,” Lokshina said, adding: “The only way to remedy this travesty of justice is to vacate the recent convictions and reverse the absurd ‘extremism’ designation.”

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