Towleroad

Kafkaesque: 5-Days Jail for Rainbow Earrings? Fined for Posting Gay Flag? Russia LGBTQ Crackdown. WTF? Part 1

[Part 2, Part 3] The last two weeks have seen the first convictions under broad new restrictions on LGBTQ people and their allies in Russia. Not much is known about the first conviction other than a man was fined 1,000 rubles for sharing a pride flag on social media. More details are known about the […]

Mark

Feb 15, 2024 - 19:00

0 5

Kafkaesque: 5-Days Jail for Rainbow Earrings? Fined for Posting Gay Flag? Russia LGBTQ Crackdown. WTF? Part 1

[Part 2, Part 3] The last two weeks have seen the first convictions under broad new restrictions on LGBTQ people and their allies in Russia. Not much is known about the first conviction other than a man was fined 1,000 rubles for sharing a pride flag on social media. More details are known about the second, a woman arrested and jailed for 5 days for wearing ‘extremist symbols' — rainbow frog earrings — in Nizhny Novgorod, and she is speaking publicly through her lawyer and Aegis a group.

(Documents and posts translated by Telegram or Google Translate.)

Russian Court Sentences Woman to Five Days for Rainbow Earrings

5 days jail arrested for rainbow earrings frogs Anastasiaw Ershova

In a recent and controversial legal decision, Nizhny Novgorod, Russia, was the backdrop for a depressing marker of the government's tightening grip on LGBTQ rights and even the most basic expression publicly. Anastasia Ershova faced a five-day administrative arrest for wearing rainbow frog earrings, deemed to fall under recent Russian Supreme Court determinations of “extremist” organization symbols.

The investigation, arrest, handling of the case and Ershova's reactions since the incident January 29, 2024, show just how broad and ambiguous legislators left the definitions making for an environment in which LGBTQ people can easily and quickly find their lives turned upside down if not actually a terrifying nightmare. Ershova's ordeal began in a seemingly ordinary cafe encounter.

Accosted at Cafe With a Friend. Video Sent to Right-Wing Local Sites.

The incident unfolded as Ershova and a friend, at a local cafe, were confronted by two individuals. These accusers demanded the removal of what they called “extremist symbols”: Ershova's rainbow frog earrings and her friend's Ukrainian pin. The confrontation escalated quickly, with threats of police involvement, and was captured on video. This footage, disseminated by the accouters, self-described “civil activists” through Telegram channels and ultra-right bloggers, led to a quick contact by law enforcement.

Summoned for questioning the following day to the “Center for Combating Extremism,” Ershova found herself entangled in a legal nightmare. Despite her defense attorney's best efforts, she was detained pending trial, her earrings—a simple accessory—interpreted as a direct violation of the country's strict regulations against LGBTQ symbols.

[This post contains video, click to play]

An Investigation, Inquiry, Trial and Appeal Sounding Kafkaesque

Ershova's trial as understood thought her lawyer's comments and release of the court decision here in the article, turned on the nebulous nature of the “prohibited symbols” legislation. Charged under Article 20.3, Part 1 of the Code of Administrative Offenses, for publicly displaying symbols of an extremist organization, the court's deliberation focused not on the specific nature of the earrings but on their perceived symbolism. Despite arguments from the defense highlighting the lack of clarity and potential misinterpretation of the law base on the number of colors in the rainbow flag used by LGBTQ activists and other rainbow symbols, the judge sentenced Ershova to five days of administrative arrest.

This decision, Ershova and her defense attorney both said was unexpected and unsettling, leaving them dismayed. The defense's statement, reflecting on the court's reliance on formal references and the Supreme Court's classification of the LGBTQ movement as “extremist,” underscored the trial's arbitrariness and the chilling effect of such broad legislation. That November decision, classifying the entire international LGBT movement to be an “extremist organization” made symbols used by individuals or LGBTQ organizations, and even indirect support of allies totally forbidden in public.

Ershova's Time Incarcerated

Ershova's incarceration brought to light the harsh realities of detention. Her comments and advice were provided again through Aegis. In addition to how unexpected the detention and outcome of the case because, Ershova emphasized the severe conditions and the mental toll of her confinement.

With limited access to basic amenities and a sense of time warped by the monotony and isolation, Ershova found solace only in reading and coloring books provided during her detainment. Her reflections post-release were a mix of relief and disbelief, a personal testament to the surreal and oppressive nature of her ordeal.

“No matter how absurd the situation may seem, it is possible”

Ershova's parting advice, born from her experience, includes increased caution and preparedness, personal composure, and the basics of preparing for potential detention are sobering details.

thoughts that the first thing I would do when I returned was simply lock myself first in the toilet, and then in the bathroom and warm myself up…
What would I like to say in the context of this situation? That you need to be more careful. As dad rightly said: “When you read such news on the Internet, they seem fake, not true. It's absurd to jail me for earrings.” But no, in fact it is closer than it seemed.
Be careful and do not go to the office without a lawyer.
Don't panic, give yourself time to think and collect yourself: personal belongings, something to snack on (cookies, for example). You cannot bring water into the police station with you when you are detained.
–Anastasia Ershova on serving time for wearing rainbow earrings

Complaint Hearing Against the Ruling

As the further story unfolds, with the hearing of the complaint against the ruling scheduled for February 13, the outcome remains uncertain.

Aegis, a local group working digitally in support of LGBTQ people has been vocal about the increasing danger and has been a conduit for separating facts from misinformation about this case. It was formed in December, 2022 when the “the law on propaganda in public was signed.” It is a group of “experienced crisis managers and LGBTQ+ activists, [who] decided to unite to counter the increase in homophobic violence that quite possibly awaits us ahead.”

This is Part 1 of a 4 part report about dramatic turns to crackdown in Russia. Part 2 follows changes and movement over the last few years to get to this point. Part 3 offers what is known about the powerful politician, close to Putin, and the primary architect and advocate for the crackdown, how he connects it to the Ukraine invasion and his direct manipulation of Anastasia's case. and Part 4 is about the evolution of Aegis in their advice, attitude and role over the year as they individually and together have become illegal.

Ershova's case, while singular in its details, looks to be the leading edge of the disturbing crackdown that offers government approval to scapegoating and repression, likely to distract from the war and economy.

Even before the Russian Supreme Court's official classification of the International LGBTQ rights movement as an ‘extremist organization' in November, in fact for 13 months now legislators were churning out restrictive laws impacting trans citizens.