THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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Ministry was asked to start monitoring the content of major information
programmes of the five nationwide TV channels.
31. On 2 December 2003 Mr Zyuganov attempted to contact the
directors of two leading nationwide television channels directly, but they
denied any wrongdoing on their part. He then brought the matter to the
attention of the CEC.
F. The applicants’ attempt to invalidate the results of the elections
32. On 28 September 2004 the applicants lodged a claim with the
Supreme Court for invalidation of the results of the 2003 electoral campaign
as certified by the CEC’s decision of 19 December 2003 (see paragraph 8
above). The CEC participated in the proceedings as the defendant.
33. In their voluminous submissions, the applicants relied on the results
of the monitoring of five nationwide television channels in September –
December 2003 which revealed that opposition parties and candidates
received much less coverage than United Russia. They further referred to
the unlawful electoral campaigning for United Russia by the President.
They also complained that the five main nationwide television channels had
waged a wave of negative publicity against the first applicant political party.
The applicants submitted to the Supreme Court transcripts of all the
television programmes, as well as video recordings, numbering 190
videocassettes.
34. The case was tried by the Supreme Court Justice Zaytsev, sitting in a
single-judge formation. The first hearing was held on 16 December 2004.
Before the start of the trial and at the first several hearings the applicants
lodged a number of procedural motions, seeking discovery of new evidence,
summoning of additional witnesses and experts, obtaining examination of
certain written materials, video recordings etc. According to the applicants,
nearly all motions lodged by them were refused by the judge without good
reason and/or in breach of the domestic procedural rules. The Government
contested that; they stressed that the same judge granted a number of
motions introduced by the applicants. Furthermore, according to the
applicants, at the first hearing the judge said that by lodging so many
motions the applicants tried to protract the proceedings. On four occasions
the applicants challenged the judge, but he refused to withdraw from the
case.
35. On 16 December 2004 the Supreme Court dismissed the claim. The
Supreme Court found no violations of electoral law capable of undermining
the genuine will of the voters. The Supreme Court noted, in particular, the
following:
“The court is not in a position to accept the arguments of [the applicants] that the
information coverage of [the 2003 electoral campaign] was conducted with such
egregious violations of electoral law, namely, preferential media coverage of one