40
COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
applicant must have identified another group of people compared with
which he or she has received less favourable treatment. Further, the
applicant must show that he or she was in an “analogous or relevantly
similar” situation to those belonging to the other group. Lastly, the applicant
must indicate the grounds for such unequal treatment and demonstrate that
such a distinction had no objective and reasonable justification (see,
amongst other authorities, Willis v. the United Kingdom, no. 36042/97, § 48,
ECHR 2002-IV; Unal Tekeli v. Turkey, no. 29865/96, § 49, 16 November
2004, and Okpisz v. Germany, no. 59140/00, § 33, 25 October 2005).
141. As regards those applicants who complained in their capacity as
voters, their submissions on these points are vague. Thus, if they claimed
that they had been discriminated against in comparison with another group
of voters, they should have identified that group and the grounds for the
allegedly discriminatory treatment. The applicants’ complaint, in this
respect, is not sufficiently developed, so the Court dismisses it as manifestly
ill-founded in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
142. The Court will now turn to those applicants who had been
candidates in the 2003 elections. The Court has already established that the
allegation of a direct interference by the Government with the activities of
the broadcasting companies was not sufficiently proven (see paragraph 122
above). De jure, broadcasting companies were required to remain neutral;
no distinction was made between the opposition and the pro-governmental
forces. Even if there was a de facto inequality between them in terms of
their media presence, that problem was addressed, at least to a certain
extent, by giving the opposition a certain minimal access to the media
during the electoral campaign. Rules on access were formulated in a
politically neutral manner, and no specific preferences were given to United
Russia. The Court does not find anything in the language of Article 14 or in
its case-law under both Article 3 of Protocol No. 1 to the Convention and
Article 14 thereof that would require the authorities to take any other
positive measures in this direction. The applicants did not specify what
other measures could have been required in the circumstances. In the light
of the above, the Court concludes that this complaint is manifestly illfounded and must be rejected in accordance with Article 35 §§ 3 (a) and 4
of the Convention.
IV. ALLEGED VIOLATION
CONVENTION
OF
ARTICLE
6
§
1
OF
THE
143. The applicants finally complained under Article 6 § 1 of the
Convention of the unfairness of the court proceedings in respect of their
application to the Supreme Court of the Russian Federation to have the
2003 election results invalidated. This Convention provision, in so far as
relevant, reads as follows: