THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
41
“In the determination of his civil rights and obligations ... everyone is entitled to a
fair ... hearing ... by [a] ... tribunal ...”
The Court reiterates its well-established case-law that the right to stand
for elections and similar rights in the election sphere are political and not
“civil” within the meaning of Article 6 § 1 (see Pierre-Bloch v. France,
21 October 1997, §§ 49-52, Reports of Judgments and Decisions 1997-VI,
and Cherepkov v. Russia (dec.), no. 51501/99, 25 January 2000). It follows
that this complaint is incompatible ratione materiae with the provisions of
the Convention within the meaning of Article 35 § 3 (a) and must be
rejected in accordance with Article 35 § 4.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Decides to join to the merits the Government’s objections on grounds of
non-exhaustion of domestic remedies, non-compliance with the sixmonth rule under Article 35 § 1 of the Convention, and the
Government’s objection concerning the victim status of several
applicants;
2. Declares admissible the complaint about an alleged breach of the
applicants’ right to free elections and the right to effective remedies,
guaranteed by Article 3 of Protocol No. 1 and Article 13 of the
Convention respectively;
3. Holds that there has been no violation of Article 13 of the Convention,
and dismisses accordingly the Government’s objections on nonexhaustion and non-compliance with the six-months rule;
4. Holds that there has been no violation of Article 3 of Protocol No. 1 to
the Convention, and that it is not necessary to decide on the
Government’s objection concerning the victim status of the applicants;
5. Declares inadmissible the remainder of the application.
Done in English, and notified in writing on 19 June 2012, pursuant to
Rule 77 §§ 2 and 3 of the Rules of Court.
Søren Nielsen
Registrar
Nina Vajić
President