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COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
D. Assessment of the media coverage of the 2003 elections by the
OSCE and Transparency International
20. After the elections, several international organisations and NGOs
made public statements and issued reports in which they criticised the 2003
parliamentary elections for unequal access of the candidates to the
media. Thus, on 27 January 2004 the Office for Democratic Institutions and
Human Rights of the Organization for Security and Co-Operation in Europe
(“OSCE/ODIHR”) published its election observation mission final report,
where it noted that “the main countrywide State broadcasters displayed
favouritism towards United Russia and, in doing so, failed to meet their
legal obligation to provide equal treatment to electoral participants, also a
fundamental principle of democratic elections”. The report contained the
following passages:
“The State TV channels fully complied with legal provisions on allocation of free
airtime for all contestants. All three State-controlled televisions aired regular debates
among political parties and blocs, a positive development that helped voters to form
opinions of the candidates ... However, outside of the free airtime, the State
broadcasters monitored by the [OSCE/ODIHR election observation mission] openly
promoted United Russia ... State-funded broadcasters also produced a number of
prime time news discrediting [the first applicant political party] ... In comparison, the
private broadcasters ... provided more balanced coverage of the campaign with a
greater diversity of views ... The print media provided a plurality of views but mainly
supported specific political parties or blocs. As such, voters could form an objective
view of the campaign only if they read several publications. State-funded newspapers
met the legal requirements in regard to free space for each party or bloc, but were
biased in the political and campaign coverage in favour of United Russia and against
[the first applicant political party]”.
21. In 2004 a Moscow-based research affiliate of international NGO
Transparency International published its report on “the abuse of
administrative resources” during the 2003 electoral campaign in which it
identified 518 instances of such abuse. That report, which was based on
independently conducted media monitoring, concluded that “media
resources had been systematically misused throughout the campaign on
behalf of United Russia”, and that “the monitoring had clearly documented
bias in favour of United Russia in terms of the number of biased individual
news items broadcast”.
E. Complaints to the administrative authorities and before the
courts by the applicants during the electoral campaign
22. On 10 September 2003 Mr Mitrokhin, the then deputy chairperson of
the second applicant political party (Yabloko), wrote a complaint to the
chairman of the CEC about unfair media coverage of the campaign. In his
reply of 29 September 2003 the CEC chairman acknowledged that several