Republican Party of Russia v. Russia, No. 12976/07, ECtHR (First Section), 12 April 2011

Refusal to amend information about a political party contained in the State register of legal entities. Dissolution of a political party for failure to comply with the requirements of minimum membership and regional representation.

Art. 11 ECHR

1. Not only those associations that represent the interests of considerable portions of society are eligible for political party status. Small minority groups must also have an opportunity to establish political parties and participate in elections with the aim of obtaining parliamentary representation.

2. A minimum membership requirement is justified only if it allows the unhindered establishment and functioning of a plurality of political parties representing the interests of various population groups. It is important to ensure access to the political arena for different parties on terms which allow them to represent their electorate, draw attention to their preoccupations and defend their interests.

3. An indiscriminate dissolution of regional parties which, while promoting the country’s unity and the peaceful coexistence of its multi-ethnic population, have never advocated regional interests or separatist views does not serve to achieve the legitimate aims of prevention of disorder or protection of national security or guarantee of the rights of others.

(In the present case, Russian authorities refused to amend the State Register of legal entities on the ground of non-compliance with internal formalities and ordered the banning of a long-established political party on the purely formal ground of having an insufficient number of regional branches).

The ECtHR found that the applicant’s dissolution for failure to comply with the requirements of minimum membership and regional representation amounted to a violation of article 11 of the Convention. In the present case, the Court did not follow its previous case-law, which had declared inadmissible some applications having circumstances similar to the instant case (see, for instance, Baisan and Liga Apararii Drepturilor Omului din România v. Romania, no. 28973/95, Dec. 30 October 1995, and Carmuirea Spirituala a Musulmanilor din Republica Moldova v. Moldova, no. 12282/02, Dec. 14 June 2005).