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The LGBT life e.V. sent Message for the Germany government. LGBTQ* Right refugees from Russia


Federal Chancellor Republic of Germany Mr. Sholz

Federal Office for Migration and Refugees President Mr. Sommer

Federal Minister Federal Ministry of the Interior and for Home Affairs Ms. Faeser

Federal Minister of Foreign Affairs Ms. Baerbock,

Dear Ladies and Gentlemen

We at The LGBT life e.V. association Very concerned about the rights of the LGBTQ* community, which as of yesterday are not protected by law in the Russian Federation. Yesterday the State Duma passed in third (last) reading the law against general LGBTQ* propaganda with all amendments.

After that, the Federation Council will approve the law. Nobody doubts that Putin will sign it.

How much will pay those who dare to openly show their homosexuality or publicly assert their rights:

For violating the ban on promoting non-traditional sexual relations or preferences among people of any age:

-50,000 to 400,000 rubles fine for citizens,

-100,000 to 800,000 for civil servants,

-800,000 to 5,000,000 or suspension of activity for up to 90 days for legal entities.

For disseminating information among minors that may reveal nontraditional sexual relations or arouse a desire for gender reassignment:

-A fine of between 50,000 and 200,000 rubles for citizens,

-100,000 to 400,000 for civil servants

-800,000 to 4,000,000 RUR or suspension of business activity for up to 90 days - for legal entities.

Foreign nationals and stateless persons are threatened with expulsion from the Russian Federation.

We are not surprised by this development and have said since the first day this bill came up for discussion, "It will pass without any doubt."

The European Court of Human Rights, in its decision in BAYEV AND OTHERS v. RUSSIA, has already recognized the Russian Federation's 2014 law banning propaganda of non-traditional values among minors as discriminatory and contrary to human rights.

The European Court of Human Rights also recognized that Russia must recognize same-sex marriages in this country in its July 13, 2021, ruling in FEDOTOVA AND OTHERS v. RUSSIA. LGBTQ activists from this country have consistently lobbied the government to protect their rights and the rights of the LGBTQ community. But the government has put the protection of its own interests above the protection of society and its citizens.

An annual report by the European Court of Human Rights states that Russia has issued the most judgments in legal disputes with the Court, with a total of 267 judgments.

Every year the human rights situation in Russia worsens (this also applies to LGBTQ* rights). Violations of human rights, which are enshrined not only in the European Convention on Human Rights, but also in the Constitution of the Russian Federation, can literally be found in closed chapters.

For the LGBTQ* community in this country, this means that this community will be persecuted at every turn because of its nature.

In the future, displaying one's sexual orientation in Russia will be punishable by fines and court cases. For the LGBTQ* community in Russia, and especially for young people, this means emotional and psychological problems. Hiding and suppressing one's sexual desire. Depression, nervous breakdowns and even suicidal thoughts are possible with an unstable psyche.

In its decision of January 22, 2020, the Federal Germany Constitutional Court refers to the ECJ ruling of November 7, 2013, in which the ECJ determined that asylum authorities may not refer gay and lesbian asylum applicants to the fact that they can keep their sexuality secret or exercise restraint in living it out (discretion requirement).

The decision of the Constitutional Court can now also be referred to in applications for permission to appeal against decisions of administrative courts. At the same time, the decision clarifies that the Federal Office for Migration and Refugees (BAMF) and courts may also not refer bisexual persons to the possibility of discrete living. It can be assumed that this must be applied equally to transgender and intersex persons.

Asylum seekers from Russia may soon return to Germany and other European Union countries to seek protection and asylum.

As an organization dedicated to protecting and supporting members of the LGBTQ* community, we advocate for LGBTQ* refugee applicants from Russia and ask that you, as members of the federal government and heads of line ministries, update asylum procedures for applicants from that country and work extensively on this issue due to current circumstances.

Yours sincerely,

the Chairman of the board of the organization

The LGBT life e.V.

Nikita Tomilov/Fatal Flash

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