THE COMMUNIST PARTY OF RUSSIA AND OTHERS v. RUSSIA JUDGMENT
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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