THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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(b) Victim status
71. The applicants maintained that Article 3 of Protocol No. 1
guaranteed the right to stand for election irrespective of the outcome of the
ballot and regardless of whether the candidate ultimately won or lost. The
existence of a violation was conceivable even in the absence of prejudice.
The fact that some of the applicants had obtained seats in the Duma did not
affect their status as victims. The Government’s argument regarding the
funding of political parties following the 2003 elections was irrelevant.
(c) Exhaustion of domestic remedies and compliance with Article 13 of the
Convention
72. The applicants maintained that they had had recourse to all available
domestic remedies relating to the substance of their complaints; however,
all of them had either been ineffective ab initio, or proved to be ineffective
in practice.
73. The applicants started by describing their attempts to obtain a
decision of the CEC and the Working Group condemning unfair media
coverage of the elections. Although those bodies had acknowledged that
there had been unequal reporting, no practical steps had been taken in that
connection. The CEC Working Group did not have sufficient powers to
reinstate the rights of the candidates who had been victims of inadequate
press coverage; it could only make recommendations. As to the CEC itself,
it was common practice for that body to issue, in response to a complaint
about violations of electoral rights, letters signed by one of the CEC
members and approved by the rest of the members, without drawing up an
official record or making a separate decision on the complaint. Such letters
were procedurally inadequate documents that were substitutes for normal
decisions made by the CEC sitting in regular meetings as a collegial body.
Naturally, the courts did not accept appeals against such “letters”, which did
not constitute either “act” or “omission” within the meaning of the domestic
law. The only response from the CEC chairman had been to send
inarticulate warning letters to broadcasters. The CEC had not initiated any
administrative proceedings against those involved in unlawful campaigning.
Where the CEC exercised its statutory power to interpret electoral law,
including the adoption of regulations (section 26(5) of the Duma Elections
Act), it always did so in a manner most convenient for the authorities and
the United Russia party.
74. Regarding an administrative-law complaint, the applicants argued
that it was not on account of their failure to have recourse to that remedy
that no administrative proceedings had been brought. In fact, the applicants
had complained to the prosecution authorities, the CEC and the Ministry of
Mass Media on at least six occasions, asking for administrative proceedings
to be initiated against the directors of Channel One and VGTRK, as well as
their individual journalists, on account of their biased coverage of the