ORLOVSKAYA ISKRA v. RUSSIA JUDGMENT
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Court does not need to enquire any further whether this amended procedure
was a remedy to be exhausted within the meaning of Article 35 § 1 of the
Convention.
78. In view of the above considerations, it should be concluded that at
the material time, that is in 2007 and 2008, there existed a three-month
time-limit for making use of the supervisory review procedure under the
CAO (compare Kashlan, cited above).
79. Given that the supervisory-review proceedings were launched within
a period of time that corresponded to the three-month time-limit mentioned
in the CComP, that these proceedings remained within the same chain of
domestic remedies, and that these proceedings were, in principle, capable of
dealing with the substance of the relevant Convention issue and to afford
adequate redress, the Court accepts that the applicant organisation could
reasonably count in 2008 on the effectiveness of this remedy before lodging
an application before the Court and was required to pursue this remedy
before lodging an application before the Court.
80. Therefore, the Court will take into account the supervisory-review
decision taken by the regional court on 29 January 2008 for the purpose of
applying the six-month rule, and concludes that the applicant organisation
has thus complied with this rule.
81. There is therefore no need to question further the role of the second
round of supervisory proceedings or the Constitutional Court’s decision for
these purposes.
82. The Court concludes therefore that this complaint is not manifestly
ill-founded within the meaning of Article 35 § 3 (a) of the Convention. No
other ground for declaring it inadmissible has been established. It must
therefore be declared admissible.
B. Merits
1. The parties’ submissions
(a) The Government
83. The Government submitted that both Article 10 of the Convention
(in referring to “duties and responsibilities” as well as to formalities,
conditions and penalties) and the domestic law permitted the State to put in
place a framework containing the procedure of and conditions of the
information flow. While Article 10 of the Convention included the freedom
to impart information, Russian law provided for constitutional “freedom of
mass information” along with the freedom of expression and freedom of
thought. The Constitutional Court also recognised a higher degree of
responsibility relating to the exercise of the freedom of mass information on
a professional scale.