THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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at first instance and on appeal. The applicants also called into question the
impartiality of one of the judges of the Supreme Court who had made a
statement showing his ill-disposition towards the applicants and refused to
grant applications lodged by the applicants for discovery of evidence.
(d) Compliance with the six-month rule
78. Lastly, the applicants claimed that the six-month period should be
calculated from 7 February 2005, when the Supreme Court, sitting as a
court of appeal, delivered its judgment in the case concerning the
invalidation of the results of the elections.
3. The Court’s assessment
79. The Court reiterates that free elections are inconceivable without the
free circulation of political opinions and information (see, for example,
United Communist Party of Turkey and Others v. Turkey, 30 January 1998,
§ 44, Reports of Judgments and Decisions 1998-I). Article 3 of Protocol No.
1 will not attain its goal (which is to establish and maintain the foundations
of an effective and meaningful democracy governed by the rule of law – see
Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, § 58, ECHR
2005-IX) if candidates cannot disseminate their ideas during the electoral
campaign. In Yumak and Sadak v. Turkey [GC] (no. 10226/03, § 106, 8 July
2008) the Court emphasised the role of the State as “ultimate guarantor of
pluralism” and stated that in performing that role the State is under an
obligation to adopt positive measures to “organise” democratic elections
“under conditions which will ensure the free expression of the opinion of
the people in the choice of the legislature”. Therefore, as a matter of
principle the Court is competent to examine complaints about the allegedly
unequal media coverage of elections under Article 3 of Protocol No. 1 to the
Convention. The Government’s plea of incompatibility ratione materiae
should therefore be dismissed.
80. Furthermore, the Court notes the Government’s submission that the
applicants had failed to exhaust domestic remedies, and, in the alternative,
to comply with the six-month rule. The applicants, in turn, complained that
they had not had effective domestic remedies by which to protest against the
unequal media coverage of the elections, contrary to Article 13 of the
Convention. The Court observes that in the present case it is impossible to
address the question of compatibility of the applicants’ complaints with the
admissibility criteria raised by the Government under Article 35 § 1 without
addressing the substance of their complaints under Article 13. It follows that
this objection of the Government should be joined to the merits. Similarly,
the Court considers that the Government’s objection concerning the victim
status of certain applicants should be examined together with the merits of
the present case.