10.05.2007
11 April 2007 FIRST SECTION Application no. 43724/05 by SVERDLOVSK REGIONAL BRANCH OF RUSSIAN LABOUR PARTY against Russia lodged on 1 November 2005 Statement of Facts THE FACTS The applicant is the Sverdlovsk regional branch of the political party "Russian Labour Party" (Свердловское областное региональное отделение политической партии <<Российская партия труда>>} registered in Yekaterinburg^1 on 19 September 2002. It is represented before the Court by Mr R. Kachanov and Mr A. Burkov, lawyers practising in Yekaterinburg. A. The circumstances of the case The facts of the case, as submitted by the applicant, may be summarised as follows. On 20 March 2003 the Sverdlovsk Regional Department of the Ministry of Justice ("the Justice Department") notified the applicant of a forthcoming inspection and asked it to produce documents confirming the number of members registered in the regional branch. The applicant submitted the members' registration journal (журнал учёта членов отделения). The Justice Department insisted that original individual applications for membership be produced. On 28 April 2003 the Justice Department prepared the inspection report, mentioning the fact that the applicant had not produced the requested documents confirming the number of its members, namely the applications for membership by individual citizens. On 21 November 2003 and 19 January 2004 the Justice Department issued warnings to the applicant regarding its failure to comply with the Political Parties Act. The warning of 19 January 2004 was subsequently annulled. The applicant contested the warning of 21 November 2003 to a court, claiming that the requirement to submit individual applications for membership had been unlawful because they contained confidential information about party members. SVERDLOVSK REGIONAL BRANCH OF RUSSIAN LABOUR PARTY v. RUSSIA - TATEMENT OF FACTS On 3 March 2005 the Kirovskiy District Court of Yekaterinburg, presided over by Judge P., dismissed the applicant's claim, finding as follows: "The Justice Department holds the view that the documents [confirming the number of members] include: individual applications for membership (section 23 of the Political Parties Act), minutes of meetings of the party management concerning admission of new members in accordance with the articles of association, and member registration documents. The court considers it possible to agree with that interpretation of [section 38] of the Political Parties Act... Although the court accepts that whereas, by virtue of section 18 of the Political Parties Act, it was sufficient to submit a document confirming the number of members of a political party (including the list and the minutes), section 38 of the Political Parties Act - on the basis of which the inspection was conducted and the warning issued - provides for an inspection of the party's activities carried out by way of studying the documents confirming the number of members. Such inspection must be periodic, it is conducted with a view to establishing grounds for application of sections 39 to 42 of the Political Parties Act [governing suspension of activities and dissolution of political parties]; otherwise, a political party, once established, would never be subject to liquidation [sic]. Accordingly, the Justice Department was entitled - when conducting the inspection in accordance with section 38 - to verify the existence of membership applications. Such applications were to indicate all the elements relevant for determining whether the person could be a member of the party (age, citizenship, residence in the region) and whether the requirements of section 23 were complied with. The regional branch wrongly considers that it was sufficient to submit the members' registration journal listing the names and addresses of party members and dates of their admission. The journal does not contain information on the passport details, citizenship or age of listed individuals or of their membership of other parties. In refusing to submit the membership applications, the regional branch referred to the fact that they contained confidential information which may not be lawfully disclosed. However, in their complaint to the Supreme Court of the Russian Federation, the regional branch wrote that 'each membership application contains the following date: first and last names, passport details, date and place of birth, place of residence, contact details', that is, the information described in section 23 of the Political Parties Act. If, acting in breach of the above provision, the regional branch asked potential members to produce some other, truly confidential information, that may not serve as a ground for refusing to produce membership applications to the Justice Department for the inspection in accordance with section 38..." The applicant lodged an appeal. It submitted, in particular, that the claim had been heard by Judge P. from the Leninskiy District Court, whereas it should have been examined by a judge of the Kirovskiy District Court, On 12 May 2005 the Sverdlovsk Regional Court dismissed the appeal. It noted that the composition of the District Court had been lawful because on 1 March 2005 Judge P. had been seconded to the Kirovskiy District Court for a period of two months. It also rejected the applicant's argument that the requirement to submit membership applications had amounted to disclosure to confidential information, finding that submission of information to an official authority for the purposes of a verification was acceptable. SVERDLOVSK REGIONAL BRANCH OF RUSSIAN LABOUR PARTY v. RUSSIA - STATEMENT OF FACTS B. Relevant domestic law The Political Parties Act (Federal Law no. 95-FZ of 11 July 2001) provided at the material time as follows: Section 18. Documents submitted for State registration of a regional branch of the political party "1. The following documents must be submitted for State registration of a regional branch of the political party: (d) a certified copy of the minutes of the conference or general assembly of the regional branch, indicating the number of party members in the regional branch..." Section 23. Membership of a political party "1. Membership of a political party shall be voluntary and individual. 2. Citizens of the Russian Federation who attained the age of eighteen may be members of a political party. Foreign citizens, stateless persons, and Russian nationals who have been declared incapable by a judicial decision may not be members of a political party. 3. Admission to membership of a political party is decided upon on the basis of a written application by the Russian Federation citizen, in accordance with the procedure set out in the articles of association. 6. A Russian Federation citizen may hold membership of one political party only. A member of a political party may be registered only in one regional branch..." Section 38. Inspection of activities of political parties "1. Competent authorities exercise control over compliance by political parties and their regional and structural branches with the Russian Federation laws, as well as over the compatibility of the political party's activities with the regulations, aims and purposes set out in its articles of association. Competent authorities have the right: (a) to study, on the annual basis, the documents of political parties and their regional branches confirming the existence of regional branches and the number of their members..." Section 39. Suspension of functioning of a political party or its regional branch "1. If a political party is in breach of the Constitution or federal laws, the competent authority issues a written warning listing the specific breach and setting a time-limit, no shorter than two months, for remedying it. If the breach has not been made good within the time-limit and the warning has not been contested in court, the functioning of the political party may be suspended for up to six months by a decision of the Supreme Court of the Russian Federation made on an application by a competent authority..." SVERDLOVSK REGIONAL BRANCH OF RUSSIAN LABOUR PARTY v. RUSSIA STATEMENT OF FACTS COMPLAINTS The applicant complains under Article 11 of the Convention that it received a formal warning for its failure to submit confidential information on its members. This might have had a "chilling effect" on potential members who would not feel that their personal data was safe. The applicant complains under Article 6 of the Convention that the complaint had been heard by Judge P. from the Leninskiy Court rather than by a judge of the Kirovskiy Court and that the courts did not give assessment to its argument about a violation of the right to freedom of association.
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