CEDH · CASELAW;JUDGMENTS;GRANDCHAMBER;ENG — 16 mars 2006

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margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sA13632B7 { margin-top:6pt; margin-left:14.2pt; margin-bottom:6pt; text-indent:14.2pt; text-align:justify; font-size:10pt } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sF6A12959 { width:33%; height:1px; text-align:left } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .sC36A6361 { font-family:Arial; color:#000000 } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s4B8D41EE { font-family:Arial; font-size:10pt } .s2CE7C1B9 { font-family:Arial; font-size:10pt; font-style:italic } .s1439C51B { font-family:Arial; font-size:10pt; font-style:italic; text-decoration:underline; color:#000000 } .sF4A08881 { margin-top:0pt; margin-bottom:0pt; text-align:justify; widows:0; orphans:0; font-size:10pt } .s6A184BC2 { font-family:Arial; font-weight:normal }       GRAND CHAMBER           CASE OF ŽDANOKA v. LATVIA   (Application no. 58278/00)                     JUDGMENT       STRASBOURG   16 March 2006     In the case of Ždanoka v. Latvia, The European Court of Human Rights, sitting as a Grand Chamber composed of:   Luzius Wildhaber, President ,   Christos Rozakis,   Jean-Paul Costa,   Nicolas Bratza,   Boštjan M. Zupančič,   Loukis Loucaides,   Rıza Türmen,   Josep Casadevall,   András Baka,   Rait Maruste,   Javier Borrego Borrego,   Elisabet Fura-Sandström,   Alvina Gyulumyan,   Ljiljana Mijović,   Dean Spielmann,   Renate Jaeger, judges ,   Jautrite Briede, ad hoc judge , and Lawrence E arly, Deputy Grand Chamber Registrar , Having deliberated in private on 1 June 2005 and 15 February 2006, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1.     The case originated in an application (no. 58278/00) against the Republic of Latvia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Latvian national, Ms Tatjana Ždanoka (“the applicant”), on 20 January 2000. 2.     The applicant was represented by Mr W. Bowring, a lawyer practising in Colchester, United Kingdom. The Latvian Government (“the Government”) were represented by their Agent, Ms I. Reine, of the Ministry of Foreign Affairs. 3.     The applicant alleged, in particular, that her disqualification from standing for election to the Latvian parliament and to municipal elections infringed her rights as guaranteed by Article 3 of Protocol No. 1 and Articles 10 and 11 of the Convention. 4.     The application was assigned to the Second Section of the Court (Rule 52 § 1 of the Rules of Court). 5.     On 1 November 2001 the Court changed the composition of its sections (Rule 25 § 1). This case was assigned to the newly composed First Section (Rule 52 § 1). Within that Section, the Chamber that would consider the case (Article 27 § 1 of the Convention) was constituted as provided in Rule 26 § 1. 6.     By a decision of 6 March 2003, the Chamber declared the application partly admissible. 7.     On 17 June 2004, following a hearing on the merits (Rule 59 § 3), a Chamber of the First Section, composed of Christos Rozakis, President, Peer Lorenzen, Giovanni Bonello, Françoise Tulkens, Egils Levits, Anatoly Kovler, Vladimiro Zagrebelsky, judges, and Søren Nielsen, Section Registrar, delivered a judgment in which it held, by five votes to two, that there had been a violation of Article 3 of Protocol No. 1 and Article 11 of the Convention, and that it was not necessary to examine separately the applicant’s complaint under Article 10 of the Convention. The Chamber also decided, by five votes to two, to award compensation for pecuniary damage in the amount of 2,236.50 lati, non-pecuniary damage in the amount of 10,000 euros (EUR), and legal costs and expenses in the amount of EUR 10,000. The dissenting opinions of Judges Bonello and Levits were annexed to the judgment. 8.     On 17 September 2004 the Government requested, in accordance with Article 43 of the Convention, that the case be referred to the Grand Chamber. A panel of the Grand Chamber accepted this request on 10   November 2004. 9.     The composition of the Grand Chamber was determined according to the provisions of Article 27 §§ 2 and 3 of the Convention and Rule 24. 10.     A hearing took place in public in the Human Rights Building, Strasbourg, on 1 June 2005 (Rule 59 § 3).   There appeared before the Court: (a)     for the Government Ms   I. Reine ,   Agent , Mr   E . Plaksins ,   Counsel ; (b)     for the applicant Mr   W. Bowring ,   Counsel .   The Court heard addresses by Mr Bowring and Ms Reine. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 11.     The applicant is a Latvian national who was born in 1950 and lives in Riga. She is currently a member of the European Parliament. A.     The historical context and the background to the case 1.     The Molotov-Ribbentrop Pact and the Soviet period 12.     On 23 August 1939 the foreign ministers of Germany and the Union of the Soviet Socialist Republics (USSR) signed a non-aggression treaty (the Molotov-Ribbentrop Pact). The treaty included a secret additional protocol, approved on 23 August 1939 and amended on 28 September 1939, whereby Germany and the Soviet Union agreed to settle the map of their “spheres of influence” in the event of a future “territorial and political rearrangement” of the territories of the then independent countries of central and eastern Europe, including the three Baltic States of Lithuania, Latvia and Estonia. After Germany’s invasion of Poland on 1 September 1939 and the subsequent start of the Second World War, the Soviet Union began exerting considerable pressure on the governments of the Baltic States with a view to taking control of those countries pursuant to the Molotov-Ribbentrop Pact and its additional protocol. 13.     Following an ultimatum to allow an unlimited number of Soviet troops to be stationed in the Baltic countries, on 16-17 June 1940 the Soviet army invaded Latvia and the other two independent States. The government of Latvia was removed from office, and a new government was formed under the direction of the Communist Party of the Soviet Union (“the CPSU”), the USSR’s only party. From 21 July to 3 August 1940 the Soviet Union completed the annexation of Latvia, which became part of the USSR under the name “Soviet Socialist Republic of Latvia” (“Latvian SSR”). 14.     The applicant was born in Riga into a Russian-speaking family. In 1971 she joined the Communist Party of Latvia (“the CPL”) while studying at the University of Latvia in Riga. The CPL was in fact a regional branch of the CPSU. From 1972 to 1990 the applicant worked as a lecturer at the University of Latvia. Throughout this period she was a member of the CPL. 15.     In the late 1980s there was considerable social pressure in Latvia, as in other east European countries, for the democratisation of political life. As a result of the newly introduced freedom of expression in the territory of the Soviet Union, mass political movements were formed in Latvia, as well as in the other Baltic States, condemning the annexation of the country, asserting the need to construct a new society based, inter alia , on Latvian identity and values, and emphasising the need to restore State independence. 16.     The first independent elections under the Soviet regime took place on Latvian territory in March 1990. The applicant was elected to the Supreme Council ( Augstākā Padome ) of the Latvian SSR as a representative for the Pļavnieki constituency in Riga. She subsequently joined the CPL’s local branch. In April 1990 this branch selected her to attend the CPL’s 25th Congress, where she was elected to the party’s Central Committee for Supervision and Audit. According to copies of that committee’s minutes, the applicant was a member of a sub-committee responsible for supervising the implementation of decisions and activities arising from the CPL programme. 17.     At the same congress, a group of delegates expressed their disagreement with the CPL’s general policy, which remained loyal to the Soviet Union and the CPSU. According to those delegates, the CPL was opposed to any democratisation of public life and sought to maintain the status quo of the Soviet rule. These delegates publicly announced their withdrawal from the CPL and established a new party, the “Independent Communist Party of Latvia”, which immediately declared its support for Latvian independence and for a multi-party political system. The applicant did not join the dissident delegates and remained with the CPL. 2.     Latvia’s Declaration of Independence 18.     On 4 May 1990 the Supreme Council adopted a Declaration on the Restoration of the Independence of the Republic of Latvia, which declared Latvia’s incorporation into the USSR unlawful and void and restored legal force to the fundamental provisions of the Latvian Constitution ( Satversme ) of 1922. However, paragraph 5 of the Declaration introduced a transition period, aimed at a gradual restoration of genuine State sovereignty as each institutional tie with the USSR was severed. During that transition period, various provisions of the Constitution of the Latvian SSR would remain in force. A special governmental commission was given responsibility for negotiating with the Soviet Union on the basis of the Russo-Latvian Peace Treaty of 11 August 1920. The above-mentioned Declaration was adopted by 139 out of a total of 201 Supreme Council members, with one abstention. Fifty-seven members of the Līdztiesība parliamentary bloc (“Equal Rights”, in fact the CPL group), including the applicant, did not vote. On the same day, 4 May 1990, the Central Committee of the CPL adopted a resolution strongly criticising the Declaration and calling on the President of the Soviet Union to intervene. 19.     On 7 May 1990 the Supreme Council approved the government of the independent Republic of Latvia. 3.     The events of January and March 1991 20.     On the evening of 12 January 1991 the Soviet army launched military operations against the neighbouring country of Lithuania, whose government had been formed in the same way as the Latvian government. Soviet troops entered the television tower of Vilnius and the headquarters of Lithuanian public television, and also tried to take the seats of the Lithuanian parliament and other authorities. Massive crowds, made up of Lithuanian citizens, came to the rescue of the institutions of the newly independent Lithuania. Thirteen Lithuanian civilians were killed and hundreds injured during the clash with the Soviet army. 21.     The parties disagree as to who was responsible for the deaths during the events in Vilnius on 12-13 January 1991. According to the respondent Government, the CPSU was directly responsible for those deaths, in that it had full and effective control of the Soviet troops. The applicant contested the Government’s version, stating that the Soviet army’s aggression against the Lithuanian government and the Lithuanian people was not a proven fact; in this connection, she submitted a copy of a Russian newspaper article which alleged that it had been the Lithuanian independence supporters themselves who fired into the crowd with the aim of discrediting the Soviet army. 22.     At the same time, an attempted coup was launched in Latvia. On 13   January 1991 the plenum of the CPL Central Committee called for the resignation of the Latvian government, the dissolution of the Supreme Council and the assumption of full powers by the Latvian Public Rescue Committee ( Vislatvijas Sabiedriskās glābšanas komiteja ), set up on the same date by several organisations including the CPL. On 15 January 1991 this committee announced that the Supreme Council and the government were stripped of their respective powers and declared that it was assuming full powers. After causing the loss of five civilian lives and injuries to thirty-four persons during armed clashes in Riga, this attempted coup failed. 23.     According to the respondent Government, it was absolutely clear that the attempted coup in Latvia was launched by the CPL against the background of the Vilnius events, in the hope that Soviet troops would also invade Riga to support the pro-Soviet coup. The applicant submitted that, at the material time, a series of public demonstrations had been held in Latvia to protest against the rise in food prices introduced by the Latvian government; those demonstrations were thus the main reason for the events of January 1991. The applicant also emphasised that, in their respective statements of 13 and 15 January 1991, the plenum of the CPL Central Committee and the Latvian Public Rescue Committee had not only called for and announced the removal of the Latvian authorities, but had also stated that early elections would be held for the Supreme Council. 24.     On 3 March 1991 a national plebiscite was held on Latvian territory. Electors had to reply to a question worded as follows: “Do you support a democratic and politically independent Republic of Latvia?” According to figures supplied by the Government, 87.5% of all residents registered on the electoral roll voted, and 73.6% of them replied in the affirmative. According to the Government, this was a genuine national referendum, confirming the support of the overwhelming majority of the Latvian population for the idea of national independence. The applicant maintains that it was a simple consultative vote and contests the above-mentioned turnout, and thus the very legitimacy of the plebiscite. 4.     The events of August and September 1991 25.     On 19 August 1991 there was an attempted coup in Moscow. The self-proclaimed “National State of Emergency Committee” announced that Mr Gorbachev, President of the USSR, was suspended from his duties, declared itself the sole ruling authority and imposed a state of emergency “in certain regions of the USSR”. 26.     On the same day the Central Committee and the Riga Committee of the CPL declared their support for the National State of Emergency Committee and set up an “operational group” to provide assistance to it. According to the Government, on 20 August 1991 the CPL, the Līdztiesība parliamentary bloc and various other organisations signed and disseminated an appeal entitled “ Godājamie Latvijas iedzīvotāji! ” (“Honourable residents of Latvia!”), urging the population to comply with the requirements of the state of emergency and not to oppose the measures imposed by the National State of Emergency Committee in Moscow. According to the applicant, the CPL’s participation in all those events has not been proved; in particular, the members of the Līdztiesība bloc were taking part in parliamentary debates over two consecutive days and were not even aware that such an appeal was to be issued. 27.     This coup also failed. On 21 August 1991, the Latvian Supreme Council enacted a constitutional law on the status of the Republic of Latvia as a State and proclaimed the country’s immediate and absolute independence. Paragraph 5 of the Declaration of 4 May 1990, concerning the transition period, was repealed. 28.     By a decision of 23 August 1991, the Supreme Council declared the CPL unconstitutional. The following day, the party’s activities were suspended and the Minister of Justice was instructed “to investigate the unlawful activities of the CPL and to put forward ... a motion on the possibility of authorising its continued operations”. On the basis of the proposal by the Minister of Justice, the Supreme Council ordered the party’s dissolution on 10 September 1991. 29.     In the meantime, on 22 August 1991 the Supreme Council set up a parliamentary committee to investigate the involvement of members of the Līdztiesība bloc in the coup. On the basis of that committee’s final report, on 9 July 1992 the Supreme Council revoked fifteen members’ right to sit in Parliament. The applicant was not one of those concerned. 5.     Subsequent developments involving the applicant 30.     In February 1993 the applicant became chairperson of the Movement for Social Justice and Equal Rights in Latvia ( Kustība par sociālo taisnīgumu un līdztiesību Latvijā ), which later became a political party, Līdztiesība (“Equal rights”). 31.     On 5 and 6 June 1993 parliamentary elections were held in accordance with the restored Constitution of 1922. For the first time since Latvian independence had been regained, the population elected the parliament ( Saeima ), which took over from the Supreme Council. It was at that point that the applicant’s term of office as a member of parliament expired. As a result of the Latvian authorities’ refusal to include her on the residents’ register as a Latvian citizen, she was unable to take part in those elections, in the following parliamentary elections held in 1995, or in the municipal elections of 1994. Following an appeal by the applicant, the courts recognised her as holding Latvian nationality by right in January 1996, on the ground of her being a descendant of a person who had possessed Latvian nationality before 1940. The courts therefore instructed the electoral authorities to register the applicant and to supply her with the appropriate documents. 6.     Criminal proceedings against two former leaders of the CPL 32.     By a final judgment of the Supreme Court of 27 July 1995, A.R. and O.P., formerly the most senior officials of the CPL, were found guilty of attempting to overthrow the legitimate authorities of independent Latvia by violent means. The judgment accepted, inter alia , the following circumstances as historical facts: (a)     Having failed to obtain a majority on the Supreme Council in the democratic elections of March 1990, the CPL and the other organisations listed in section 5(6) of the Parliamentary Elections Act decided to take the unconstitutional route and set up the Latvian Public Rescue Committee, which attempted to usurp power and to dissolve the Supreme Council and the legitimate government of Latvia. Such actions were contrary not only to Article   2 of the 1922 Constitution, which stated that sovereign power was vested in the people, but also to Article 2 of the Constitution of the Latvian SSR, which conferred authority to act on behalf of the people on elected councils ( soviets ) alone. (b)     The Central Committee of the CPL provided financial support to the special unit of the Soviet police which was entirely responsible for the fatal incidents of January 1991 (see paragraphs 22-23 above); at the same time, the Latvian Public Rescue Committee publicly expressed its support for this militarised body. (c)     During the coup of August 1991 the Central Committee of the CPL openly declared its support for the National State of Emergency Committee, set up an “operational group” with a view to providing assistance to it and published an appeal calling on the public to comply with the regime imposed by this self-proclaimed and unconstitutional body. B.     The 1997 municipal elections 33.     On 25 January 1997 the Movement for Social Justice and Equal Rights in Latvia submitted to the Riga Electoral Commission a list of ten candidates for the forthcoming municipal elections of 9 March 1997. The applicant was one of those candidates. In accordance with the requirements of the Municipal Elections Act, she signed the list and attached a written statement confirming that she was not one of the persons referred to in section 9 of that Act. Under the terms of the Act, individuals who had “actively participated” ( darbojušās ) in the CPSU, the CPL and several other named organisations after 13 January 1991 were not entitled to stand for office. In a letter sent on the same day, the applicant informed the Electoral Commission that she had been a member of the CPL’s Pļavnieki branch and of its Central Committee for Supervision and Audit until 10 September 1991, the date of the CPL’s official dissolution. However, she argued that the restrictions mentioned above were not applicable to her, since they were contrary to Articles 2 and 25 of the International Covenant on Civil and Political Rights. 34.     By a decision of 11 February 1997, the Riga Electoral Commission registered the list submitted by the applicant. At the elections of 9 March 1997 this list obtained four of the sixty seats on Riga City Council ( Rīgas Dome ). The applicant was one of those elected. C.     The 1998 parliamentary elections 35.     With a view to participating in the parliamentary elections of 3   October 1998, the Movement for Social Justice and Equal Rights in Latvia formed a coalition with the Party of National Harmony ( Tautas Saskaņas partija ), the Latvian Socialist Party ( Latvijas Sociālistiskā partija ) and the Russian Party ( Krievu partija ). The four parties formed a united list entitled “Party of National Harmony”. The applicant appeared on this list as a candidate for the constituencies of Riga and Vidzeme. On 28 July 1998 the list was submitted to the Central Electoral Commission for registration. In accordance with the requirements of the Parliamentary Elections Act, the applicant signed the list and attached to it a written statement identical to the one she had submitted prior to the municipal elections. As she had done for the 1997 elections, she likewise sent a letter to the Central Electoral Commission explaining her situation and arguing that the restrictions in question were incompatible with the International Covenant on Civil and Political Rights and with Article 3 of Protocol No. 1 to the Convention. 36.     On 29 July 1998 the Central Electoral Commission suspended registration of the list on the ground that the applicant’s candidacy did not meet the requirements of the Parliamentary Elections Act. Not wishing to jeopardise the entire list’s prospects of being registered, the applicant withdrew her candidacy, after which the list was immediately registered. D.     The procedure for determining the applicant’s participation in the CPL 37.     By a letter of 7 August 1998, the President of the Central Electoral Commission asked the Prosecutor General to examine the legitimacy of the applicant’s election to the Riga City Council. 38.     By a decision of 31 August 1998, a copy of which was sent to the Central Electoral Commission, the Office of the Prosecutor General ( Ģenerālprokuratūra ) noted that the applicant had not committed any act defined as an offence in the Criminal Code. The decision stated that, although the applicant had provided false information to the Riga Electoral Commission regarding her participation in the CPL, there was nothing to prove that she had done so with the specific objective of misleading the commission. In that connection, the prosecutors considered that the statement by the applicant, appended to the list of candidates for the elections of 9 March 1997, was to be read in conjunction with her explanatory letter of 25 January 1997. 39.     On 14 January 1999 the Office of the Prosecutor General applied to the Riga Regional Court for a finding that the applicant had participated in the activities of the CPL after 13 January 1991. The prosecutors attached the following documents to their submission: the applicant’s letter of 25   January 1997; the minutes of the meeting of 26 January 1991 of the CPL’s Central Committee for Supervision and Audit; the minutes of the joint meeting of 27 March 1991 of the Central Committee for Supervision and Audit and the municipal and regional committees for supervision and audit; and the annexes to those minutes, indicating the structure and composition of the said committee and a list of the members of the Audit Committee at 1 July 1991. 40.     Following adversarial proceedings, the Riga Regional Court allowed the prosecutors’ request in a judgment of 15 February 1999. It considered that the documents in its possession clearly attested to the applicant’s active participation in the party’s activities after the critical date, and that the evidence provided by the applicant was insufficient to refute this finding. Consequently, the court dismissed the applicant’s arguments to the effect that she was only formally a member of the CPL, did not participate in the meetings of its Central Committee for Supervision and Audit and that, accordingly, she could not be held to have “acted”, “been a militant” or “actively participated” ( darboties ) in the party’s activities. 41.     The applicant appealed against this judgment to the Civil Division of the Supreme Court. On 12 November 1999 the Civil Division began examining the appeal. At the oral hearing, the applicant submitted that the content of the above-mentioned minutes of 26 January and 27 March 1991, referring to her by name, could not be held against her since on both those dates she had been carrying out her duties in the Latvian Supreme Council and not in the CPL. After hearing evidence from two witnesses who stated that the applicant had indeed been present at the Supreme Council, the Division suspended examination of the case in order to enable the applicant to submit more cogent evidence in support of her statements, such as a record of parliamentary debates or minutes of the Līdztiesība parliamentary bloc’s meetings. However, as the above-mentioned minutes had not been preserved by the Parliamentary Record Office, the applicant was never able to produce such evidence. 42.     By a judgment of 15 December 1999, the Civil Division dismissed the applicant’s appeal. It stated that the evidence gathered by the Office of the Prosecutor General was sufficient to conclude that the applicant had actively taken part in the CPL’s activities after 13 January 1991. The Division further noted that the CPL’s dissolution had been ordered “in accordance with the interests of the Latvian State in a specific historical and political situation” and that the international conventions relied on by the applicant allowed for justified limitations on the exercise of electoral rights. 43.     Following the Civil Division’s judgment, enforceable from the date of its delivery, the applicant was disqualified from electoral office and lost her seat as a member of Riga City Council. 44.     The applicant applied to the Senate of the Supreme Court to have the Civil Division’s judgment quashed. She stressed, inter alia , the restriction’s incompatibility with Article 11 of the Convention. By a final order of 7   February 2000 the Senate declared the appeal inadmissible. In the Senate’s opinion, the proceedings in question were limited to a single strictly-defined objective, namely a finding as to whether or not the applicant had actively taken part in the CPL’s activities after 13 January 1991. The Senate concluded that it did not have jurisdiction to analyse the legal consequences of this finding, on the ground that this was irrelevant to the finding itself. In addition, the Senate noted that any such analysis would involve an examination of the Latvian legislation’s compatibility with constitutional and international law, which did not come within the final appeal court’s jurisdiction. 45.     Proceedings similar to those against the applicant were also instituted against a small number of other CPL activists, not all of whom were recognised by the courts as having “actively participated” in the activities of the CPL after January 1991. E.     The 2002 parliamentary elections 46.     The next parliamentary elections took place on 5 October 2002. With a view to taking part in those elections, the Līdztiesība party, chaired by the applicant, formed an alliance entitled “For Human Rights in a United Latvia” ( Par cilvēka tiesībām vienotā Latvijā , abbreviated to PCTVL) with two other parties, the Party of National Harmony and the Socialist Party. The alliance’s electoral manifesto expressly referred to the need to abolish the restrictions on the electoral rights of persons who had been actively involved in the CPL after 13 January 1991. 47.     In spring 2002 the Executive Council of the Līdztiesība party put the applicant forward as a candidate for the 2002 elections; the Council of the PCTVL alliance approved this nomination. Shortly afterwards, however, on 16 May 2002, the outgoing parliament rejected a motion to repeal section 5(6) of the Parliamentary Elections Act. The alliance’s council, which was fully aware of the applicant’s situation and feared that her candidacy would prevent registration of the PCTVL’s entire list, changed its opinion and decided not to include her name on the list of candidates. The applicant then decided to submit a separate list containing only one name, her own, entitled “Party of National Harmony”. 48.     On 23 July 2002 the PCTVL electoral alliance submitted its list to the Central Electoral Commission. In all, it contained the names of seventy-seven candidates for Latvia’s five constituencies. On the same date the applicant asked the commission to register her own list, for the constituency of Kurzeme alone. As she had done for the 1998 elections, she attached to her list a written statement to the effect that the disputed restrictions were incompatible with the Constitution and with Latvia’s international undertakings. On 25 July 2002 the commission registered both lists. 49.     By a decision of 7 August 2002, the Central Electoral Commission, referring to the Civil Division’s judgment of 15 December 1999, removed the applicant from its list. In addition, having noted that the applicant had been the only candidate on the “Party of National Harmony” list and that, following her removal, there were no other names, the commission decided to cancel the registration of that list. 50.     At the elections of 5 October 2002, the PCTVL alliance’s list obtained 18.94% of the votes and won twenty-five seats in Parliament. F.     Elections to the European Parliament 51.     Latvia became a member of the European Union on 1 May 2004. Prior to that date, on the basis of the European Parliament Elections Act ( Eiropas Parlamenta vēlēšanu likums ) of 12 February 2004, the applicant was granted permission to run in those elections. They were held on 12 June 2004 and the applicant was elected as a member of the European Parliament. II.     RELEVANT DOMESTIC LAW AND PRACTICE A.     Provisions regarding Latvia’s status 52.     The operative provisions of the Declaration of 4 May 1990 on the Restoration of the Independence of the Republic of Latvia read as follows: “The Supreme Council of the Latvian SSR decides : (1)     in recognition of the supremacy of international law over the provisions of national law, to consider illegal the Pact of 23 August 1939 between the USSR and Germany and the subsequent liquidation of the sovereignty of the Republic of Latvia through the USSR’s military aggression on 17 June 1940; (2)     to declare null and void the Declaration by the Parliament [ Saeima ] of Latvia, adopted on 21 July 1940, on Latvia’s integration into the Union of Soviet Socialist Republics; (3)     to restore the legal effect of the Constitution [ Satversme ] of the Republic of Latvia, adopted on 15 February 1922 by the Constituent Assembly [ Satversmes sapulce ], throughout the entire territory of Latvia. The official name of the Latvian State shall be the REPUBLIC of LATVIA, abbreviated to LATVIA; (4)     to suspend the Constitution of the Republic of Latvia pending the adoption of a new version of the Constitution, with the exception of those Articles which define the constitutional and legal foundation of the Latvian State and which, in accordance with Article 77 of the same Constitution, may only be amended by referendum, namely: Article 1 – Latvia is an independent and democratic republic. Article 2 – The sovereign power of the State of Latvia is vested in the Latvian people. Article 3 – The territory of the State of Latvia, as established by international agreements, consists of Vidzeme, Latgale, Kurzeme and Zemgale. Article 6 – Parliament [ Saeima ] shall be elected in general, equal, direct and secret elections, based on proportional representation. Article 6 of the Constitution shall be applied after the restoration of the State and administrative structures of the independent Republic of Latvia, which will guarantee free elections; (5)     to introduce a transition period for the re-establishment of the Republic of Latvia’s de facto sovereignty, which will end with the convening of the Parliament of the Republic of Latvia. During the transition period, supreme power shall be exercised by the Supreme Council of the Republic of Latvia; (6)     during the transition period, to accept the application of those constitutional and other legal provisions of the Latvian SSR which are in force in the territory of the Latvian SSR when the present Declaration is adopted, in so far as those provisions do not contradict Articles 1, 2, 3 and 6 of the Constitution of the Republic of Latvia. Disputes on matters relating to the application of legislative texts will be referred to the Constitutional Court of the Republic of Latvia. During the transition period, only the Supreme Council of the Republic of Latvia shall adopt new legislation or amend existing legislation; (7)     to set up a commission to draft a new version of the Constitution of the Republic of Latvia that will correspond to the current political, economic and social situation in Latvia; (8)     to guarantee social, economic and cultural rights, as well as universally recognised political freedoms compatible with international instruments of human rights, to citizens of the Republic of Latvia and citizens of other States permanently residing in Latvia. This shall apply to citizens of the USSR who wish to live in Latvia without acquiring Latvian nationality; (9)     to base relations between the Republic of Latvia and the USSR on the Peace Treaty of 11 August 1920 between Latvia and Russia, which is still in force and which recognises the independence of the Latvian State for all time. A governmental commission shall be set up to conduct the negotiations with the USSR.” 53.     The operative provisions of the Constitutional Law of 21 August 1991 on the status of the Republic of Latvia as a State ( Konstitucionālais likums “Par Latvijas Republikas valstisko statusu” ) read as follows: “The Supreme Council of the Republic of Latvia decides : (1)     to declare that Latvia is an independent and democratic republic in which the sovereign power of the State of Latvia belongs to the Latvian people, the status of which as a State is defined by the Constitution of 15 February 1922; (2)     to repeal paragraph 5 of the Declaration of 4 May 1990 on the Restoration of the Independence of the Republic of Latvia, establishing a transition period for the de facto restoration of the Republic of Latvia’s State sovereignty; (3)     until such time as the occupation and annexation is ended and Parliament is convened, supreme State power in the Republic of Latvia shall be fully exercised by the Supreme Council of the Republic of Latvia. Only those laws and decrees enacted by the supreme governing and administrative authorities of the Republic of Latvia shall be in force in its territory; (4)     this constitutional law shall enter into force on the date of its enactment.” B.     The status of the CPSU and the CPL 54.     The role of the CPSU in the former Soviet Union was defined in Article 6 of the Constitution of the USSR (1977) and in Article 6 of the Constitution of the Latvian SSR (1978), which were worded along identical lines. Those provisions stated: “The leading and guiding force of Soviet society and the nucleus of its political system and of all State organisations and public organisations is the Communist Party of the Soviet Union. The CPSU exists for the people and serves the people. The Communist Party, armed with Marxism-Leninism, determines the general perspectives of the development of society and the course of the USSR’s domestic and foreign policy, directs the great constructive work of the Soviet people, and imparts a planned, systematic and theoretically substantiated character to their struggle for the victory of communism. All party organisations shall function within the framework of the Constitution of the USSR.” 55.     The Supreme Council’s decision of 24 August 1991 on the suspension of the activities of certain non-governmental and political organisations was worded as follows: “On 20 August 1991 the Internationalist Front of Workers of the Latvian SSR, the United Council of Labour Collectives, the Republican Council of War and Labour Veterans, the Central Committee of the Communist Party of Latvia and the Central Committee of the Latvian Union of Communist Youth issued a proclamation informing the Republic’s population that a state of emergency had been decreed in Latvia and encouraging all private individuals to oppose those who did not submit to the orders of the National State of Emergency Committee. In so doing, the above-mentioned organisations ... declared their support for the organisers of the coup d’état and encouraged other individuals to do the same. The actions of those organisations are contrary to Articles 4, 6 and 49 of the Latvian Constitution, which state that Latvian citizens are entitled to form parties and other associations only if their objectives and practical activities are not aimed at the violent transformation or overthrow of the existing constitutional order ... and that associations must observe the Constitution and legislation and act in accordance with their provisions. The Supreme Council of the Republic of Latvia decrees: 1.     The activities of the Communist Party of Latvia [and of the other above-mentioned organisations] are hereby suspended ...” 56.     The relevant parts of the Supreme Council’s decision of 10   September 1991 on the dissolution of the above-mentioned organisations read as follows: “... In May 1990 the Communist Party of Latvia, the Internationalist Front of Workers of the Latvian SSR, the United Council of Labour Collectives and the Republican Council of War and Labour Veterans set up the Committee for the Defence of the Constitution of the USSR and the Latvian SSR and the Rights of Citizens, which was renamed the Latvian Public Rescue Committee on 25 November 1990 ... On 15 January 1991 the Latvian Public Rescue Committee declared that it was seizing power and dissolving the Supreme Council and the Government of the Republic of Latvia. In August 1991 the Central Committee of the Communist Party of Latvia [and the other above-mentioned organisations] supported the coup ... Having regard to the preceding, the Supreme Council of the Republic of Latvia decrees: 1.     The Communist Party of Latvia [and the other above-mentioned organisations], together with the coalition of these organisations, the Latvian Public Rescue Committee, are hereby dissolved on the ground that they have acted against the Constitution ... 2.     Former members of the Communist Party of Latvia [and of the other above-mentioned organisations] are informed that they are entitled to associate within parties and other associations whose objectives and practical activities are not aimed at the violent transformation or overthrow of the existing constitutional order, and which are not otherwise contrary to the Constitution and the laws of the Republic of Latvia ...” C.     The electoral legislation 1.     Substantive provisions 57.     The relevant provisions of the Constitution ( Satversme ) of the Republic of Latvia, adopted in 1922 and amended by the Law of 15 October 1998, are worded as follows: Article 9 “All citizens of Latvia who enjoy full civic rights and who have reached the age of 21 on the day of the elections may be elected to Parliament.” Article 64 “Legislative power lies with Parliament and with the people, in the conditions and to the extent provided for by this Constitution.” Article 91 “All persons in Latvia shall be equal before the law and the courts. Human rights shall be exercised without discrimination of any kind.” Article 101 “All citizens of Latvia are entitled to participate, in accordance with the law, in the activities of the State and of local government ...” 58.     The relevant provisions of the Parliamentary Elections Act ( Saeimas vēlēšanu likums ) of 25 May 1995 provide: Section 4 “All Latvian citizens who have reached the age of 21 on the date of the elections may be elected to Parliament, on condition that they are not concerned by one of the restrictions provided for in section 5 of the present Act.” Section 5 “The following may not stand as candidates in elections or be elected to Parliament: ... (6)     persons who actively participated [ darbojušās ] after 13 January 1991 in the CPSU (CPL), the Internationalist Front of Workers of the Latvian SSR, the United Council of Labour Collectives, the Organisation of War and Labour Veterans or the Latvian Public Rescue Committee, or in their regional committees; ...” Section 11 “The following documents must be appended to the list of candidates: ... (3)     a signed declaration by each candidate on the list confirming that he or she meets the requirements of section 4 of this Act and that he or she is not concerned by section 5(1