‘You don’t intimidate us’

Human rights activist Igor Kochetkov on registering the non-existent ‘international LGBT movement’ in a bid to thwart Russia in court

In late November 2023, the Russian Justice Ministry filed a lawsuit demanding that the Supreme Court ban the “international LGBT movement” as an “extremist organization.” The initiative was a clear attempt to criminalize LGBTQ+ people in Russia, but it also had a more basic problem: the “international LGBT movement” didn’t even exist as an entity. Then, two days before the case was set to be heard, a group of activists and human rights advocates registered an organization under the name “International LGBT Movement” in an attempt to hinder the government’s plan by joining the lawsuit as an affected party. One of the members of this group, Russian LGBT Network founder Igor Kochetkov, spoke to Meduza on the eve of the judge’s ruling. The court ultimately refused to let anyone other than Justice Ministry officials attend the closed-door hearing, which ended with the “LGBT movement” being banned, but Kochetkov’s responses provide insight into what the future likely holds for LGBTQ+ Russians.

Why did you register the “International LGBT Public Movement” as an organization?

In response to the Justice Ministry’s lawsuit. As of today (Note from Meduza: November 28), we have one simple goal: to get into the case. That’s the main purpose of our lives right now.

Our thinking was that the Supreme Court needs to be forced to either do the right thing or admit the fabricated nature of this case. If they don’t let the “International LGBT movement” participate in the case against it, that means there’s no case at all. And it’s important for people to know that.

We wanted to do this in a way that’s as safe as possible for people in Russia. So the movement consists of five people, and all five of them are located abroad. In that sense, we took the hit ourselves so that we could at least distract them from everybody else for a bit.

Why is it important for you all to be a part of this case?

It’s very simple: tomorrow [in the Justice Ministry], they’re going to try to convict who-knows-who, accusing them of committing criminal offenses. Of course, since the organization that they’re trying to recognize as “extremist” doesn’t exist, this case shouldn’t have any consequences — from a formal, legal point of view. But you and I both know that won’t be the case.

We realize that this is being done in preparation for political repressions. At the same time, the people who are at risk of being targeted by these repressions — meaning LGBTQ+ activists — are being deprived of the right to defend themselves. The hearing is being held behind closed doors, and it’s unclear both what the allegations are and who they’re being directed towards.

This is no longer just about homophobia and transphobia. This is about something completely different: a violation of people’s fundamental rights to legal protection, to a fair trial. We’re trying to regain our right to protection by all legal means. We understand perfectly well that the odds are low because this isn’t a legal case, it’s a political and ideological one. But nonetheless, we must use all of the opportunities Russian law presents us with. That’s the first reason.

The second reason is that the main goal of the laws against “gay propaganda” and “discrediting the army,” as well as [the launch of] this fabricated case against the “LGBT movement,” is intimidation. The intimidation of everyone who holds a viewpoint different from that of the state, of those who are capable and willing to engage in organized activities that the state can’t control. So when we announced today that the “International LGBT Movement” has been created and is appealing to the court, it was our way of saying, “You don’t intimidate us.”

What will you do if the Supreme Court sides with the Justice Ministry and equates the queer community to an extremist movement?

Any legal activity on behalf of LGBTQ+ organizations on Russian territory will likely become impossible. That means that all LGBTQ+ organizations and initiatives will have to decide how to proceed. Those who want to continue their work will have to radically change their strategies. Since there’s no single union, no one will be imposing decisions on anyone. There are multiple possible approaches, and each organization will decide for itself. As part of this movement, I’ll continue my work under these new conditions. That’s the overall picture.

As for our actions as individuals involved in the case, whether the court likes it or not, they’ve already let us into the case. By issuing a court decision on my petition, they’ve granted me the right to appeal. I believe the decision [on the Justice Ministry’s lawsuit] will be made tomorrow, and after that, I’ll have the right to appeal not only the court’s refusal to let me join the case but also the court’s decision. This is a crucial detail. We’ll actually have the right to appeal this decision in the appellate court. This court does have the option to deny us this right, but again, we’ll try.

We’re not just going to appeal the decision in Russia — we’ll turn to the U.N. Human Rights Committee. This is currently the only international quasi-judicial organization that hears complaints from Russia. We plan to reach out to U.N. special rapporteurs and other U.N. bodies because Russia still hasn’t withdrawn from the U.N. and recognizes the organization’s authority.

And moving forward, we’ll follow how the events develop and think through a strategy to protect those who will be the first to fall under this “extremist” charge. It’s impossible to automatically designate someone as an “extremist” on the basis of this court decision. This requires separate judgments based on each specific case, organization, person, book, and [media] article. This is a bureaucratic [and labor-intensive] process. But it must be stipulated that we’re dealing with judicial arbitrariness. And this case is itself an example of judicial arbitrariness. So, legal enforcement practice will also be arbitrary.

Except for the obvious steps I’ve listed, all that remains is to observe how and what they will try to enforce. And that’s when we’ll react.

What advice would you give people who identify as part of the queer community and are in Russia?

On the one hand, as strange as it may seem, I would advise people not to panic or freak out. That’s what those who started this case are trying to achieve. In a state of sudden fear, it’s difficult to make rational decisions.

It’s clear that the “anti-extremist” legislation can’t be applied to a person’s private life — in other words, it doesn’t mean persecution for sexual relations, it’s important to spell this out clearly. The bad news [again] is that we are dealing with arbitrariness and we don’t know how they will behave, who they will try to hold liable. Right now, no one can give any specific recommendations like “do this and that, then everything will be fine.” And those who try to make such recommendations are acting irresponsibly.

My main suggestion is that if you fear that you may be held administratively or criminally liable for extremism, contact lawyers and human rights activists. It doesn’t have to be [those who focus on the rights of] LGBTQ+ people — there are various human rights organizations. If they try to open a criminal case against you, you must immediately contact a human rights activist, who will provide you with a lawyer. Hand to heart, this is the only concrete, practical advice that I can responsibly give. Everything else is very unclear.