THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
17
THE LAW
I. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1 TO
THE CONVENTION AND ARTICLE 13 OF THE CONVENTION ON
ACCOUNT OF MEDIA COVERAGE OF THE ELECTIONS
55. The applicants complained that the media coverage of the 2003
elections had been biased, which had been detrimental to the opposition
parties and candidates. They considered that, because of the unequal media
coverage, the elections had not been “free” and had thus been incompatible
with Article 3 of Protocol No. 1 to the Convention, which reads as follows:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
56. The applicants also complained of the lack of effective response on
the part of the authorities to the applicants’ allegations that the elections
were not “free”, contrary to Article 3 of Protocol No. 1 to the Convention.
They referred to Article 13 of the Convention, which reads as follows:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
57. At the outset, the Court notes that the applicants also relied on
Article 10 of the Convention, which guarantees freedom of expression,
referring to the same facts and arguments. In the Court’s opinion, the
applicants’ complaint under this provision is merely a reiteration of their
principal complaint under Article 3 of Protocol No. 1 to the Convention.
Given the specific context of the present case, the Court will examine it
under the latter provision. That being said, in its analysis the Court will give
due consideration to its case-law under Article 10 where this may be
applicable mutatis mutandis in the context of the electoral process.
A. Admissibility
1. The Government’s submissions
(a) The Court’s competence ratione materiae
58. The Government argued that the applicants’ complaints fell outside
the Court’s competence ratione materiae, since Article 3 of Protocol No. 1
to the Convention does not establish any specific electoral system, and, in