Russian LGBT film festival – ‘Side by Side’ – charged as ‘foreign agent’

Despite incontrovertible evidence to the contrary, Russia’s LGBT film festival Side by Side (Bok o Bok) was found guilty of and fined $10,000 for failing to register as a ‘foreign agent.’ The fledgling organization, which was established in 2007, met the new guidelines according to prosecutor V.V Stepanchenko despite the fact that the law, established by President Vladmir Putin Nov. 12, 2012 , clearly states that anyone guilty of engaging in activity as a so-called saboteur before enactment of the law would not face criminal charges.  Russian Magistrates Court Judge Oleg Camaldinov deliberated for only ten minutes – despite almost four hour’s worth of testimony from the defense –before pronouncing Side by Side guilty as charged.

The Kremlin, according to a report in England’s The Guardian, ruled recently that “all non-governmental organizations (NGOs) must register if they receive funding from abroad.” But according to Side by Side, “court proceedings on the second day of trial opened with questions concerning the legality of inspections carried out against Side by Side. The prosecutor stated that the festivals logo was the main motivation for the checks due to the fact that it is not registered.” Dmitry Bartenev and Sergey Golubok, lawyers for the defense, refuted this proposition insisting that this was not reasonable grounds for carrying out checks into an organization.

Moreover, the prosecutor’s office has no authority to initiate administrative proceedings against non-profit organizations without concrete evidence. In other words, Side by Side’s prosecution was an illegal one to begin with.

The festival’s lawyers also argued that the law exempts cultural organizations and that publishing a brochure, showing a film or having a discussion about that film were cultural and not political in nature and did not meet the standards established by the law. The went on to argue that as a persecuted minority in Russia, a “cultural space” was needed.

The film festival which shows films from around the world has garnered noteworthy praise for its substance and its diversity. The festival has three main awards categories– features, documentaries and shorts- but hosts a variety of lectures, exhibitions, discussions and seminars throughout its run.