THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
19
been examined by the CEC. Neither had the applicants challenged decisions
of individual members of the CEC, such as their refusals to proceed with the
complaints.
63. Neither had the applicants pursued administrative remedies in
connection with the alleged breaches of electoral law by the broadcasting
companies. The applicants alleged that the major TV companies had
breached the rules of political campaigning and referred to 518 instances of
such breaches (see paragraph 21 above). However, they had not produced
any court decision or administrative act confirming the existence of those
particular breaches. The members of the CEC had not drawn up any
administrative offence report in 2003; the members of the regional electoral
commissions had drawn up 152 reports related to unlawful electoral
campaigning and inappropriate media coverage, 63 of which had been
confirmed by the courts and a sanction imposed. The Government cited
several examples of administrative cases that had been initiated on the basis
of reports drawn up by members of regional electoral commissions.
64. Candidates were also entitled to bring their complaints directly
before the courts. It did not matter whether or not a complaint had been
examined by the full CEC, or by an individual member of that body. Even if
the CEC had not taken any formal decision in the relevant procedure, its
actions were amenable to judicial review by a district court. The
Government produced copies of decisions of courts at various levels which
had examined and upheld complaints about breaches of the electoral law.
65. The Government acknowledged that the applicants had contested
before the Supreme Court the decree of the CEC of 19 December 2003
confirming the results of the 2003 elections. However, in essence the
applicants complained of a violation of their rights by the broadcasting
companies, and not the CEC, but had not lodged any claim against the
broadcasting companies and other mass media which had allegedly
participated in the alleged denigration of opposition candidates.
66. The Government cited examples of cases considered by the Russian
courts in which candidates in the elections had successfully defended their
rights, for instance, a decision of 23 November 2001 by the Supreme Court
of Russia. Sitting as a court of appeal, it had set aside a decision of the
electoral commission of the Magadan electoral district no. 6 on the ground
of “unequal coverage of the electoral campaign by the mass media”. The
Government also referred to court proceedings which had resulted in the
exclusion of a candidate in the regional elections for unlawful campaigning;
the award of damages to a candidate for the unlawful removal of
information about him from the voting ballots; the award of damages for
libel and defamation in the context of an electoral campaign; and judicial
review of the lawfulness of decisions of the local electoral commissions.
67. There were also other available remedies which the applicants had
failed to use properly. In particular, the Government referred to the