NEPOMNYASHCHIY AND OTHERS v. RUSSIA - 39954/09 (Judgment : Struck out of the list : Third Section)

Art 14 (+ Art 8) • Discrimination • Private life • Domestic authorities� failure to comply with obligation to respond adequately to homophobic statements made by state officials against members of the LGBTI community • Existing domestic legal framework capable in theory of offering protection against stigmatising statements, but in any event relevant legal provisions not applied to applicants� case • Domestic courts� failure to strike a fair balance between competing Art 8 and 10 rights in the criminal proceedings and to even engage in a balancing exercise in the civil proceedings

This judgment will become final in the circumstances set out in Article 44 � 2 of the Convention. It may be subject to editorial revision.

The European Court of Human Rights (Third Section), sitting as a Chamber composed of:

��������� Pere Pastor Vilanova , President , ��������� Georgios A. Serghides, ��������� Yonko Grozev, ��������� Darian Pavli, ��������� Peeter Roosma, ��������� Ioannis Ktistakis, ��������� Andreas Z�nd , judges , and Milan Bla�ko, Section Registrar,

the applications (nos. 39954/09 and 3465/17) against the Russian Federation lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (�the Convention�) by four Russian nationals whose particulars are listed in the appended table (�the applicants�), on 13 May 2009 and 28 December 2016 respectively;