L.M. AND OTHERS v. RUSSIA JUDGMENT
39
paragraphs 20-22 and 39 above). It does not appear that it was possible for
the applicants to have telephone contact or exchange written submissions; in
fact, it appears that such attempts had been actively prevented by the
administration (see paragraphs 43 and 49 above, in particular).
162. In view of the above, the Court is satisfied that there is sufficient
evidence that the applicants’ communication with their representatives was
seriously obstructed. Obtaining permission to have meetings was so difficult
that it went beyond the usual formalities and could be regarded as being
excessively complicated; for months the applicants remained without any
means of communication with their representatives and could not therefore
effectively participate in the domestic proceedings or proceedings before
this Court.
163. In view of the foregoing, the Court considers that the restrictions on
the applicants’ contact with their representatives constituted an interference
with the exercise of their right of individual petition which is incompatible
with the respondent State’s obligations under Article 34 of the Convention.
The Court therefore concludes that the respondent State has failed to
comply with its obligations under that provision.
VI. APPLICATION OF ARTICLES 46 AND 41 OF THE CONVENTION
A. Article 46 of the Convention
164. The relevant parts of Article 46 of the Convention read as follows:
“1. The High Contracting Parties undertake to abide by the final judgment of the
Court in any case to which they are parties.
2. The final judgment of the Court shall be transmitted to the Committee of
Ministers, which shall supervise its execution.”
165. The Court reiterates that by Article 46 of the Convention the
Contracting Parties have undertaken to abide by the final judgments of the
Court in any case to which they are parties, execution being supervised by
the Committee of Ministers. It follows, inter alia, that a judgment in which
the Court finds a breach of the Convention or the Protocols thereto imposes
on the respondent State a legal obligation not just to pay those concerned
the sums awarded by way of just satisfaction, but also to choose, subject to
supervision by the Committee of Ministers, the general and/or, if
appropriate, individual measures to be adopted in their domestic legal order
to put an end to the violation found by the Court and to redress as far as
possible the effects (see Menteş and Others v. Turkey (Article 50), 24 July
1998, § 24, Reports 1998-IV; Scozzari and Giunta v. Italy [GC],
nos. 39221/98 and 41963/98, § 249, ECHR 2000-VIII; and Maestri v. Italy
[GC], no. 39748/98, § 47, ECHR 2004-I). It is primarily for the State
concerned to choose, subject to supervision by the Committee of Ministers,
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