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COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
81. The Court considers, in the light of the parties’ submissions, that the
above complaint under Article 3 of Protocol No. 1 to the Convention and
Article 13 of the Convention raise serious issues of fact and law under the
Convention, the determination of which requires an examination of the
merits. The Court therefore concludes that these complaints should be
declared admissible.
B. Merits
1. Article 13 of the Convention
82. The Court reiterates, having regard to the parties’ submissions which
are summarised above, in paragraphs 60 et seq. and 72 et seq., that “the
scope of the Contracting States’ obligations under Article 13 varies
depending on the nature of the applicant’s complaint; ... the remedy must be
effective in practice as well as in law in the sense either of preventing the
alleged violation or remedying the impugned state of affairs, or of providing
adequate redress for any violation that has already occurred” (see Petkov
and Others v. Bulgaria, nos. 77568/01, 178/02 and 505/02, § 74, 11 June
2009). The Court also reiterates that “although no single remedy may itself
entirely satisfy the requirements of Article 13, the aggregate of remedies
provided for under domestic law may do so” (see Kudła v. Poland [GC],
no. 30210/96, § 157, ECHR 2000-XI).
83. The first question is what sort of remedy could be effective in view
of the “nature of the applicants’ complaint”. The Court stresses that the
applicants complained not of one or several isolated cases of unlawful
campaigning, but of the entire media policy of five broadcasters over a
period of three months. Having regard to the magnitude of the problem, the
Court is not convinced that the remedies used by the applicants during the
electoral campaign were sufficient to address it. Be that as it may, the Court
does not need to take a definite stand on this matter. The Court has to
examine whether other remedies existing in Russian law, in particular the ex
post facto remedies, were capable of addressing the applicants’ grievances.
84. The Court observes that the applicants tried to have the results of the
elections invalidated by challenging CEC Decree No. 72/620-4 before the
Supreme Court (see paragraphs 32 et seq. above). The Government did not
deny that it had been within the powers of the Supreme Court to annul the
results of the elections if it had detected serious breaches of electoral law,
including those related to the alleged unlawful campaigning. Moreover, the
Government referred to a case which demonstrated that such a remedy
existed in Russian law and had been successfully used at least once (see
paragraph 66 above). The Court concludes that the applicants had access to
a legal remedy capable of satisfying their claim, at least in theory.