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COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
possibility of lodging a criminal-law complaint with the prosecution
authorities, or bringing a defamation claim before a court.
68. Lastly, the Government argued that the applicants’ criticism of the
proceedings before the Supreme Court was unfounded. The Supreme Court
had indeed not reviewed each and every item of information provided by the
applicants, but to examine all of them would have required at least 100 days
of court hearings. The law on civil procedure permitted the courts to
examine samples of evidence where that evidence was uniform in nature. In
all, the Supreme Court had examined transcripts covering 14 days of the
electoral campaign, or 13.4 per cent of the information produced by the
parties (see paragraph 37 above). Further, having reviewed the public
statements made by the then President Putin (see paragraphs 18 and 19
above), the Supreme Court did not consider that they contained any
campaigning in favour of United Russia. In the course of the proceedings
the applicants had lodged several procedural applications, some of which
had been granted by the Supreme Court and others refused. The evidence
examined at the hearings before the Supreme Court had been sufficient to
make conclusive findings. The parties in the present case had had ample
opportunities to present their case, which had been examined in fair
proceedings.
(d) Compliance with the six-month rule
69. In the alternative, the Government argued that the applicants had
failed to comply with the six-month time-limit provided for in Article 35 § 1
of the Convention. The Government argued that the mass media, in
particular the broadcasting companies, had defined their editorial policy
independently from the State. Since the applicants had chosen not to sue the
broadcasting companies for breaches of their right to equal media coverage,
the six-month time-limit had to be calculated from the date when the alleged
violations of the applicants’ rights had taken place. The application to the
Court had been introduced on 1 August 2005, that is, one year, seven
months and eleven days after the alleged violations had taken place (on
19 December 2003, when the CEC had confirmed the results of the
elections).
2. The applicants’ submissions
(a) The Court’s competence ratione materiae
70. The applicants argued that the Court had competence ratione
materiae to examine their complaints. As the Court’s case-law showed, the
freedom to form an opinion was an integral part of the guarantee of free
elections and was therefore covered by Article 3 of Protocol No. 1.