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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