The Smolny disctirct court headed by the judge T. Matusyak considered the complaint on authorities’ activities and rejected the complaint. ADC Memorial employees sent a complaint on the Committee on Legality and Law who refused to allow an anti-fascist procession in memory of Stanislav Markelov and Anastasia Baburova on January 19th, 2012.
In spite of all possible efforts of the procession’s organisers to organise an event, the authorities did not allow to hold a procession referring to wrong time of request’s submission. For a few years the reason to refuse is a late submission of request to hold a procession on January 19th. It is too early to submit a request before a New Year, then, because of state holidays, requests cannot be submitted for 10 days. Submission on January 10th is already too late as requests to hold processions of demonstrations can be submitted only from 15 to 10 days before the planned event. When human rights activists received an official answer, they appealed against the decision, but, unfortunately, the court hearing on complaint was not set before the event as it had to be. The hearing was to be held on January 30th. First of all, the judge dismissed requests to attach the answer of the Petrogradsky district administration that also refused to allow to hold a public event on January 19th, 2011 as the request was sent too early, on December 30th, 2010. This document which confirms that authorities do not allow to hold an event on January 19th systematically was found not to be a proof by the court.
The complaint pointed out that there is no possibility to satisfy the requirements of the law and submit a request between January 4th and January 9th. January 19th is a day when Stanislav Markelov and Anastasia Baburova were killed, that is why holding a procession on another day would not meet the aim of the event.
However, the court ignored the arguments of the applicants on that The Committee violated the right to express one’s opinion and hold a peaceful protest. During the court hearing the representative of the city’s administration referred to wrong time of submission and did not answer how one can have an agreed public event on January 19th.
This court decision will be appealed against in the St Petersburg city court.