10.11.2007
SVERDLOVSK OBLAST REGIONAL BRANCH OF
THE POLITICAL PARTY
"RUSSIAN LABOUR PARTY"
620072, Yekaterinburg, Sirenevii bulvar, 1-313 t./f. +7(343)355-36-51
EUROPEAN COURT OF HUMAN RIGHTS
10 November 2007
Application no. 43724/05
by SVERDLOVSK OBLAST REGIONAL BRANCH OF THE POLITICAL PARTY "RUSSIAN
LABOUR PARTY" against THE RUSSIAN FEDERATION
lodged on 1 November 2005
I hereby confirm the receipt of the letter of 27 September 2007 filed
by the European Court of Human Rights containing the acknowledgement
of the receipt of the applicant's observations in the Russian language
in reply to those of the Government on the above application. As a
response to the letter of 27 September 2007 we respectfully submit the
following.
In regard to the request of the Court if the applicant prefers an oral
hearing, if the Court decides to hold an oral hearing we submit that
it shall serve the purpose of the Convention. An oral hearing proves
to be necessary due to the legal and political importance of the case.
This case bears precedent character - the Court shall identify the
extent of the margin of appreciation in respect with the State
interference into activity of political parties. The Court also shall
determine an obligation of the Russian Federation to implement the
Convention at the national level. This is the firm position of the
European Court of Human Rights that "Effective implementation of the
European Convention on Human Rights at national level is crucial for
the operation of the Convention system. In line with its subsidiary
character the Convention is intended to be applied first and foremost
by the national courts and authorities" (Foreword by the Registrar on
the occasion of the 100th issue of the Case-Law of the Court
Information Note No 100 August/September 2007). As of today Russian
courts ignore the Convention guaranties (see recent research on the
issue Anton Burkov, The Impact of the European Convention on Human
Rights on Russian Law (Stuttgart: ibidem-Verlag, 2007, ISBN
3-89821-639-X. P. 46-66).
With respect to the protection of freedom of association within the
Russian Federation, several independent non-governmental
organizations, including Amnesty International and Human Rights Watch,
have consistently expressed particular concern over the adequacy of
protection afforded for such fundamental freedoms. The European Court
has indeed itself confirmed failures on the part of the Russian
Federation to adequately protect the right to freedom of association
within the scope of Article 11 of the Convention in recently decided
cases (See Presidential Party of Mordovia v. Russia, no. 65659/01
Judgment of 05/10/2004, Moscow Branch of the Salvation Army v. Russia,
no. 72881/01, Judgment of 5/10/2006, and Church of Scientology Moscow
v. Russia, no. 18147/02, Judgment of 05/04/07)
Kind regards,
The Head of the Sverdlovsk Oblast
Regional Branch of the Political Party
"Russian Labour Party" S. I. Beliaev
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