18
COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
particular, did not guarantee all parties and candidates equal access to the
media.
(b) Victim status
59. The Government submitted that some of the applicants did not have
standing to complain about “unfair” elections. Thus, in the 2003 elections
the first applicant had obtained seats in the Duma, and the sixth applicant
had been elected as an individual member of the Duma. Furthermore, in the
following years the first and the second applicant parties had received
public funding. Elected members of the first applicant party had received
salaries and allowances.
(c) Exhaustion of domestic remedies and compliance with Article 13 of the
Convention
60. The Government contended that a variety of legal remedies capable
of addressing the problem of unfair media coverage had been available to
the applicants. The Russian legal system was therefore capable of providing
the applicants with “effective remedies”. However, the applicants had failed
to use the existing remedies properly.
61. The Government contested the applicants’ arguments that the
electoral law was unclear and did not describe with sufficient precision the
legal avenues available to candidates to contest violations of electoral law.
Candidates had a right to lodge complaints about breaches of electoral law
by other candidates and by the mass media with the CEC Working Group
on the Information Disputes. During the 2003 campaign the Working Group
had examined many applications of that kind, 19 of which had been
partially satisfied, whilst 34 had been rejected. The Working Group had
repeatedly drawn the attention of the mass media concerned to their
obligation to comply with electoral law, communicated complaints to the
law-enforcement bodies or to a regional branch of the Ministry of Mass
Media and taken “other measures”. As to the applicants’ complaints to the
Working Group, the latter had not found any breaches of electoral law
related to the media coverage of the election campaign.
62. The candidates could also complain directly to the CEC. Depending
on the nature of the complaint, the CEC was entitled to take various actions.
The Government gave examples of successful complaints to the CEC and
regional electoral commissions. The first and seventh applicants had made
use of that remedy; they had complained to the CEC about two episodes:
one concerning the speech by Mr Putin on 19 September 2003 (see
paragraph 18 above) and another concerning the alleged negative press
coverage on the chairmen of the Communist Party. Both had been directed
against VGTRK and Channel One. In their application to the Court,
however, they had complained about the whole series of episodes that had
been shown on five major TV channels. Those other episodes had never