The case concerns the applicant’s wages being withheld for two days due to her refusal – in keeping
with her trade union’s stance – to give induction training to externally hired employees taken on to
counteract impending industrial action. Although she had been down on the shift roster for ordinary
mail delivery work on those days, her employer sent her home and withheld her wages.
Relying on Articles 11 (freedom of assembly and association) and 14 (prohibition of discrimination)
of the European Convention, the applicant complains that the reasons behind her being sent home
and having her wages withheld restricted her rights to trade union membership and industrial
action.
No violation of Article 11
17172/20, and 30564/21)
The applicants are Side by Side International Film Festival OOO, a legal entity incorporated in the
Russian Federation which, from 2016-2020, organised an annual Lesbian, Gay, Bisexual and
Transgender (LGBT) film festival, and two Russian nationals, Gulnara Sultanova and Andrey Petrov,
born in 1975 and 1984 respectively. Ms Sultanova is the managing director of the film festival
company and lives in St Petersburg. Mr Petrov allegedly attended the LGBT festival in Moscow in
2016, and lives in Omsk.
The case concerns repeated attempts to disrupt film screenings held within the framework of the
international LGBT film festival organised in Russia by the applicant company. On numerous
occasions, the festival activities were either delayed or interrupted by telephone bomb scares or
other false security alerts. In 2020, the screening of the films was not allowed in view of the
organisers’ failure to comply with sanitary protection measures introduced during the COVID-19
pandemic.
Relying on Articles 8 (right to respect for private and family life), 10 (freedom of expression),
11 (freedom of assembly and association), 13 (right to an effective remedy) and 14 (prohibition of
discrimination) of the Convention, the applicants complain that the State failed to comply with its
duty to protect the organisers of the festival and its audience in the exercise of their Convention
rights. They further allege that the authorities’ decision to suspend the festival in November 2020,
under measures introduced to combat COVID-19, was unjustified and disproportionate.
Violation of Article 10 in respect of the State’s failure to comply with its positive obligation
Just satisfaction:
non-pecuniary damage: EUR 7,500
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