THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
25
85. The applicants argued that, although they had made use of that
remedy, it had finally proved to be ineffective because the examination of
the applicants’ complaints was procedurally flawed. The Court would
observe, however, that not every procedural shortcoming results in the
“ineffectiveness” of the remedy in question. Article 13 does not impose on
States the same obligations as Article 6 of the Convention. To hold
otherwise would be tantamount to extending the scope of Article 6 beyond
disputes concerning “civil rights and obligations” (see Golder v. the United
Kingdom, 21 February 1975, § 33, Series A no. 18, and Silver and Others
v. the United Kingdom, 25 March 1983, § 113, Series A no. 61, with further
references).
86. Turning to the present case, the Court notes that the applicants’
allegations were reviewed at two levels of jurisdiction by the Supreme
Court of Russia, the highest judicial body in electoral matters, which had
full jurisdiction over the case and which was entitled inter alia to invalidate
the results of the elections. The independence of the Supreme Court as such
was not called into question. As to its impartiality, the Court does not see
any major issue here either. The fact that Justice Zaytsev refused several
procedural motions lodged by the applicants and even considered them
vexatious (see paragraph 34 above) does not mean that he was biased or
predetermined to reject their claim. Therefore, the Supreme Court was an
appropriate body to consider the applicants’ grievances.
87. Furthermore, the Court does not detect any serious flaws in the
procedure before the Supreme Court which would make that remedy
ineffective. The applicants were well prepared for the hearings, had
gathered and produced extensive material in support of their claims and
were able to make long oral and written submissions. The sampling method
applied by the Supreme Court to examine the materials submitted by the
applicants (see paragraph 37 above) does not seem arbitrary or manifestly
unreasonable. In particular, the Court notes that the Supreme Court
examined recordings of five television channels for 14 days that had been
proposed by the applicants and the CEC. Furthermore, the Supreme Court
heard the applicants and delivered a reasoned judgment.
88. In sum, the proceedings before the Supreme Court afforded the basic
guarantees inherent in Article 13 of the Convention. Russian law provided
the applicants with remedial legal mechanism capable of addressing their
grievances under Article 3 of Protocol No. 1. The applicants used that
remedy, having obtained the final decision of the Supreme Court of the
Russian Federation of 7 February 2005. The present application was lodged
with the Court on 1 August 2005, that is, within six months of the date of
the final domestic decision. The Court accordingly dismisses the
Government’s objections as to the admissibility of the complaints, which it
has joined to the merits, and concludes that there has been no breach of
Article 13 of the Convention in the present case.