THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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to which the public media should function and prohibited journalists from
taking part in political campaigning (see paragraphs 43 and 46 above). The
applicants claimed that those legislative provisions were of no effect.
Having regard to the materials at its possession, including the Supreme
Court’s findings (see paragraphs 35, 37, 87-88 and 114-117 above), the
Court considers that the applicants’ claims in this respect have not been
sufficiently substantiated.
128. The Court considers that the respondent State took certain steps to
guarantee some visibility of opposition parties and candidates on Russian
TV and secure editorial independence and neutrality of the media. Probably,
these arrangements did not secure de facto equality of all competing
political forces in terms of their presence on TV screens. In the present case,
however, when assessed in the light of the specific circumstances of the
2003 elections as they have been presented to the Court, and regard being
had to the margin of appreciation enjoyed by the States under Article 3 of
Protocol No. 1, it cannot be considered established that the State failed to
meet its positive obligations in this area to such an extent that it amounted
to a violation of that provision.
iv. Conclusions
129. The Court concludes, in the light of the foregoing, that there has
been no violation of Article 3 of Protocol No. 1 to the Convention on
account of the media coverage of the 2003 elections. Consequently, there is
no need to decide on the Government’s preliminary objection concerning
the victim status of some of the applicants.
II. OTHER ALLEGED VIOLATIONS OF ARTICLE 3 OF PROTOCOL
No. 1 TO THE CONVENTION
130. The applicants further complained that the 2003 elections were not
“free” for a number of other reasons, in particular the alleged instability of
the electoral legislation and the forfeiture of mandates by a number of
deputies elected on behalf of the United Russia party. The applicants
referred to Article 3 of Protocol No. 1 to the Convention, cited above.
131. The Government argued that in 2003 there had been no major
changes to the electoral system, such as, for instance, composition of the
electoral commissions, and no reshuffling of electoral districts. All
amendments to the legislation in 2003 had been insignificant. The
Government also described the measures taken by the CEC to explain the
regulatory framework of the elections to all participants, including the lower
electoral commissions, observers and political parties.
132. The Government acknowledged that on several occasions members
elected on behalf of United Russia had withdrawn from the list immediately
after the elections and transferred their seat in Parliament to the next