436. JAL 21/12/2012 Case no: UKR 3/2012 State reply: 18/03/2013

Alleged attack against LGBT rights defenders.

Observations

440. The Special Rapporteur is concerned by the threats to and harassment of LGBT rights defenders in Ukraine, as mentioned in the communication dated 21 December 2012, and reiterates her concerns about the treatment of LGBT community under Draft Law 8711. This legislation criminalises any reference to homosexuality in the media and public domain and makes “promoting homosexuality” an administrative offence, punishable by a fine. Draft Law 8711 also includes homosexuality within a list of offences that “propagandise violence and cruelty”, which carries a prison sentence up to five years. In this connection, the Special Rapporteur expresses serious concern over the attack of protestors in the presence of police officers at a LGBT demonstration on 8 December 2012 in Kyiv. She is very concerned about the court order from the Kyiv District Administrative Court banning the protest, and regrets that the legal grounds for this court order were not divulged in the Government’s response dated 18 March 2013.

Link to full text of the report: Report-SRHRD-Communications and replies-2014-eng-fra-esp

Link to Special Rapporteur’s correspondence with the State: Correspondence-SR-Ukraine-3-2012-eng

Link to State’s reply: Correspondence-SR-Ukraine-reply-3-2012-eng