THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT 35 abstention or non-interference, as with the majority of civil and political rights, but one of adoption by the State of positive measures to “hold democratic elections” (Sitaropoulos and Giakoumopoulos v. Greece [GC], no. 42202/07, § 67, 15 March 2012). The next question is thus whether the State was under any positive obligation under Article 3 of Protocol No. 1 to ensure that media coverage by the State-controlled mass-media was balanced and compatible with the spirit of “free elections”, even where no direct proof of deliberate manipulation was found. In examining this question the Court will bear in mind that “States enjoy a wide margin of appreciation in the field of electoral legislation” (see Sukhovetskyy v. Ukraine, no. 13716/02, § 68, ECHR 2006-VI), which is a fortiori true where the case concerns the extent of the State’s positive obligations, and that the State is only required to take those measures which are “reasonably available” (see, mutatis mutandis, E. and Others v. the United Kingdom, no. 33218/96, § 99, 26 November 2002). 124. The Court reiterates that it has interpreted Article 3 of Protocol No. 1 as containing certain positive obligations of a procedural character, in particular requiring the existence of a “domestic system for effective examination of individual complaints and appeals in matters concerning electoral rights” (see Namat Aliyev v. Azerbaijan, no. 18705/06, § 81 et seq., 8 April 2010; see also the recommendation of the Venice Commission in the Explanatory Report to the Code of Good Practice in Electoral Methods concerning creation of an effective system of electoral appeals, paragraph 51 above). The Court refers to its earlier findings under Article 13 in this case that the applicants had at their disposal at least one effective remedy. The Court does not need to define in abstracto the exact relation between the State’s positive obligation under Article 13 and its procedural obligations under Article 3 of Protocol No. 1. It is sufficient to note that the applicants’ complaint about unequal media coverage of the elections was examined by an independent body in a procedure which afforded the basic procedural guarantees, and that a reasoned judgment was given. The applicants did not explain what other remedies or legal tools could possibly be more effective in the situation complained of. The Court concludes that the system of electoral appeals put in place in the present case was sufficient to comply with the State’s positive obligation of a procedural character. 125. The Court will now turn to the substantive positive obligations of the State in the context of media coverage of elections. The Court reiterates that there can be no democracy without pluralism (see Gorzelik and Others v. Poland [GC], no. 44158/98, §§ 89 et seq., 17 February 2004), which cannot be attained without the adoption of certain positive measures. In the field of audio-visual broadcasting the Court has stated that where a State “decide[s] to create a public broadcasting system, ... domestic law and practice must guarantee that the system provides a pluralistic service” (see

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