Resolution CM/ResDH(2008) 20 [1]

Execution of the judgment of the European Court of Human Rights

P residential P arty of Mordovia against the Russian Federation

(Application No. 65659/01, judgment of 5 October 2004, final on 5 January 2005,

rectified on 31 March 2005)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the applicant party’s right to freedom of association on account of the authorities’ refusal to renew its registration (violation of Article 11) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with Russian Federation’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix) and considering the decision taken at the 948th meeting of the Ministers’ Deputies (14 December 2005), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2008)20

Information about the measures taken to comply with the judgment in the case of P residential P arty of Mordovia against the Russian Federation

Introductory case summary

The case concerns the refusal to renew the applicant party’s registration. In 1999, following the entry into force of a new law on public associations according to which the applicant party was obliged to apply for renewal of its registration with the Ministry of Justice of Mordovia, the latter rejected two consequent applications for renewal lodged by the applicant party on account of its failure to meet certain statutory procedural requirements. In 1999, t he applicant party unsuccessfully challenged the refusal to renew its registration before the domestic courts.

The European Court found that these measures have breached the applicant party’s right to association since it was unable to function for a substantial period of time, could not participate in regional elections and could not, under current legislation, be reconstituted in its original form.

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

3 000 EUR

-

3 000 EUR

P aid on 30/08/2005

b) Individual measures

Following communication of the application to the respondent state, the decision to refuse the applicant party's re-registration was annulled and registration ordered by the P residium of the Supreme Court of Mordovia acting as the supervisory instance (decision of 05/09/2002). However, this order was declared unenforceable by the Leninskiy District Court of Saransk on 30/10/2002, which established that the original application for registration, despite being confirmed by the court, could no longer be maintained by the applicant party as regional political parties had ceased to be recognised by law. The applicant did not dispute that, as a result, the applicant party cannot be recognised in its original concept under the current legislation, which provides inter alia that "all interregional, regional and local political associations shall cease to enjoy the status of a political association and shall continue to function as interregional, regional and local public associations" (Article 47§6 of the Federal Law on P olitical P arties, No. 95-FZ of 11/07/2001).

II. General measures

The violation originates in the Mordovian regional authorities' failure to comply with the Russian federal legislation then in force. T he judgment of the European Court was sent out to the regional authorities by a circular letter drawing their attention to their responsibility under the Convention to ensure, inter alia , that any limitation of individual rights be strictly in accordance with domestic law.

The judgment was published in the Bulletin of the European Court of Human Rights (Russian version) in 2005.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant party of the violation found and that these measures will prevent new, similar violations and that the Russian Federation has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 27 March 2008 at the 1020th meeting of the Ministers’ Deputies