|Ãëàâíàÿ / Åâðîïåéñêèé
ñóä / Ñóòÿæíèê ïðîòèâ Ðîññèè
EUROPEAN COURT OF
By fax and by mail
In reply of your letter of 29 June 2004 I inform you that we would prefer to submit further observations at an oral hearing due to the following reasons.
1. In case of “Sutyazhnik” v. Russia the positions of parties have been determined but interpretation of the facts, represented by the parties, is not determined. It presupposes additional oral elucidation for elimination of the contradictory interpretation.
2. The case of “Sutyazhnik” is of great importance as it is aimed at solution of the general problem of violation of the right to association. Due to illegal actions of the Russian Federation Ministry of Justice a great number of organizations were not re-registered in accordance with the Federal law “On social organizations”.
In our opinion, the supervisory-review procedure, set by the Russian legislation, broke Article 6 of the European Convention on Human Rights. “Sutyazhnik” as well as many other associations in Russia have difficulties in realization of their rights as the legal certainty was violated, and the organization did not receive the judicial protection.
The case of “Sutyazhnik” is not a single example of violation of the right to court for social organizations.
At present it is the problem which is actual for other organizations in Russia which can become potential victims of violation of the right to association. The correct solution of the case of “Sutyazhnik” can influence the future workload of the European Court of Human Rights.