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COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
election campaign. However, the State bodies that had the power to institute
administrative proceedings had refused to do so. As to the possibility of
lodging a complaint with the court about the refusal to initiate
administrative proceedings, the applicants insisted that there had been a
consistent practice of rejection of such complaints. There was no effective
procedure for appealing against the decisions of the CEC, which was
authorised to decide whether or not to bring administrative proceedings. The
law also provided for the possibility to seek revocation of the broadcasting
licence of TV companies involved in unlawful campaigning, but it was a
very long process and too dependent on the discretion of various
administrative bodies (the prosecutor’s office, the CEC and the Ministry of
Mass Media).
75. Judicial protection of electoral rights (including the right to balanced
coverage) provided only for appeals against decisions and acts (or
omissions) of State bodies, public associations or State officials. Hence, the
statutory framework in force did not provide for a possibility of bringing a
complaint about violations of electoral rights by the mass media. The
Government had not referred to any domestic decision proving that such a
remedy was available and effective at the relevant time.
76. In the applicants’ submission, the cases cited by the Government in
support of their contention that the applicants had been able to have
recourse to judicial proceedings to defend their rights were irrelevant.
According to the applicants, there had been no such case during the
electoral campaign in 2003. Besides, the applicants’ position was further
supported by the fact that there had not been one single case that had been
adjudicated to the detriment of the pro-government party United Russia or
its members. The applicants argued that filing a claim in defamation was not
a remedy relating to the substance of their complaint.
77. The applicants maintained that the only remedy available to them
had been an application for invalidation of the election results, which they
had lodged. That complaint had been considered by the Supreme Court at
two instances and the final judgment delivered on 7 February 2005.
However, that remedy had also proved to be ineffective on account of the
numerous flaws in the proceedings before the Supreme Court. In particular,
the applicants complained of selective examination of evidence by the
Supreme Court (which had examined only 1.5 per cent of all video
recordings and around 5 per cent of written transcripts produced by the
applicants); deliberate distortion of the evidence produced by the applicants
(for example, of the public statements of the then President Putin); repeated
refusals of the Supreme Court to grant requests to call witnesses and adduce
additional materials (for example, the applicants noted the court’s refusal to
request confirmation of the accuracy of the transcripts, to obtain the results
of the monitoring of media coverage, or secure attendance of more than 100
witnesses); failure of the Supreme Court to address the applicants’ argument