CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 13 janvier 2015

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LATVIA   (Application no. 44230/06)               JUDGMENT               STRASBOURG   13 January 2015   FINAL   01/06/2015   This judgment is final. In the case of Petropavlovskis v. Latvia, The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:   Päivi Hirvelä, President ,   Ineta Ziemele,   George Nicolaou,   Ledi Bianku,   Zdravka Kalaydjieva,   Krzysztof Wojtyczek,   Faris Vehabović, judges , and Françoise Elens-Passos, Section Registrar , Having deliberated in private on 18 November and 9 December 2014, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1.     The case originated in an application (no. 44230/06) 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 “permanently resident non-citizen” of the Republic of Latvia, Mr Jurijs Petropavlovskis (“the applicant”), on 10 October 2006. 2.     The applicant was represented by Mr A. Dimitrovs, a lawyer practising in Brussels. The Latvian Government (“the Government”) were represented by their Agents, Mrs I. Reine and, subsequently, Mrs K. Līce. 3.     The applicant complained under Articles 10, 11 and 13 of the Convention that the allegedly arbitrary refusal of Latvian citizenship through naturalisation was a punitive measure imposed on him because he had imparted ideas and exercised his right of assembly in order to criticise the government’s position. 4.     In a decision of 3 June 2008, the Court declared the application admissible and joined to the merits the Government’s objection to the Court’s jurisdiction ratione materiae . 5.     The applicant and the Government each filed further observations (Rule 59 § 1 of the Rules of Court) on the merits. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 6.     The applicant was born in 1955 and lives in Riga. 7.     Before 29 October 1998, when the Latvian Parliament ( Saeima ) enacted the Education Law, education in State and municipal schools continued to be conducted in Latvian and Russian, a practice which was inherited from Soviet times. The Education Law, which took effect on 1   June 1999, provided that the only language of instruction in all State and municipal schools in the Republic of Latvia would be the State language, that is, Latvian. It also provided that the language of instruction might be different in private schools, in State and municipal schools implementing national minority curricula and in other educational establishments as provided by law. As regards the State and municipal schools implementing national minority curricula, it was for the Ministry of Education to set out specific subjects to be taught in the State language (section 9(1) and (2)) and the Minister for Education was to ensure that the relevant regulations were submitted to the Cabinet of Ministers ( Ministru kabinets ) by 1 September 1999 (transitional provisions, paragraph 3). It was also established that everyone should learn the State language and take the State language proficiency test in order to obtain primary and secondary education (section   9(3)). 8 .     Between 2003 and 2004 the applicant was actively involved in protests against the education reform. He was one of the main leaders of a movement named “Headquarters for the Protection of Russian Schools” (“ Krievu skolu aizstāvības štābs ” in Latvian), which was involved in promoting and advocating protests against the education reform. He participated in meetings and demonstrations against the education reform and made public statements advocating ideas concerning the Russian-speaking community’s rights to education in Russian and the preservation of the State-financed schools with Russian as the sole language of instruction. The Government provided the Court with evidence of media coverage of these protests in the period from 28 June 2003 to 23 September 2005, including news reports by the Latvian news agency LETA and articles in the daily newspapers Diena and Lauku Avīze , and in the regional newspaper Novaja Gazeta (in Russian). There were thirteen news reports and articles in total. 9.     After several sizable meetings and demonstrations, Parliament adopted amendments to the Education Law on 5 February 2004. The new text provided that from 1 September 2004 all secondary State and municipal schools implementing national minority curricula had to ensure instruction in the State language in not less than 60% of the curriculum, including foreign languages, in respect of pupils commencing their studies in the tenth grade. These schools also had to ensure that the curriculum relating to minority language, identity and culture was taught in the minority language (transitional provisions, paragraph 3). 10.     In November 2003 the applicant applied to the Naturalisation Board ( Naturalizācijas Pārvalde ) seeking to acquire Latvian citizenship through naturalisation. On 1 December 2003 he passed the naturalisation exams (see paragraph 29 below). 11.     The Naturalisation Board examined the documents submitted by the applicant and, finding that he met the requirements of Articles 11 and 12 of the Citizenship Law, included his name in the list of candidates applying for citizenship. The list was attached to the draft decision on granting citizenship and transferred to the Cabinet of Ministers for final decision. 12.     On 16 November 2004 the Cabinet of Ministers decided to strike the applicant’s name out of the list, thus refusing his application for naturalisation. 13.     On 30 November 2004 the Naturalisation Board informed the applicant of the decision of the Cabinet of Ministers. 14.     On 7 December 2004 the applicant instituted administrative proceedings against the Cabinet of Ministers. He asked the Administrative District Court ( Administratīvā rajona tiesa ) to “obligate the Cabinet of Ministers to take a decision on admitting him to Latvian citizenship”. The applicant stated that the decision regarding admission to Latvian citizenship was an administrative act and could not be regarded as a political decision. He considered, inter alia , that a person fulfilled the obligation of loyalty if he met all the requirements of the Citizenship Law and unless any restrictions stated in the Law could be applied to such a person. He considered that the refusal to grant him citizenship was unlawful; in accordance with the principle of equal treatment, his views could not constitute grounds for a refusal. He stated that his name had been struck out of the list owing to his participation in the political party “For Human Rights in United Latvia” (“ Par cilvēka tiesībām vienotā Latvijā ” – “PCTVL”) and to his public statements. The PCTVL had nominated him to run for office as mayor of Riga, but the refusal had denied him the right to stand for election in the local municipal elections and had been politically motivated. 15 .     On 10 December 2004 the applicant gave an interview to a journalist from the daily newspaper Lauku Avīze . His answer to the question whether he hoped to win the case before the domestic and international courts was reportedly as follows: “If I wanted to gain political power, I would have been naturalised a long time ago and would have been elected to [Parliament]. The chances of winning a case in a court in Latvia might be fifty-fifty. But I do not need that. Frankly speaking, we need a broad international scandal. With my case of citizenship we’ve achieved that, and, additionally, [we’ve got] a broad public relations campaign for the PCTVL for free.” 16.     In its submissions of 5 January 2005 to the Administrative District Court, the Cabinet of Ministers emphasised that the Minister of Justice had drawn attention to the provisions of the Citizenship Law to the effect that in seeking Latvian citizenship a candidate must demonstrate allegiance to the Republic of Latvia, not only with a promise but also by his actions, and that the applicant’s actions were not compatible with the oath of allegiance to the Republic of Latvia. Having examined the information at its disposal, the Cabinet of Ministers decided that the applicant’s actions at the material time had not demonstrated loyalty to the Republic of Latvia. 17 .     In its additional submissions of 17 November 2005 to the Administrative District Court, the Cabinet of Ministers argued, inter alia , that its political decision had been based on the applicant’s actions; it was clear that he could not truthfully make a pledge of allegiance. It was evidenced by his own public statements, which indicated that he did not have a genuine link with the Republic of Latvia, that he did not wish to establish such a link and that he had applied for citizenship as part of a political campaign to harm the Republic of Latvia. The Cabinet quoted statements he had made during the interview on 10 December 2004 (see paragraph 15 above). Relying on the principle of “democracy capable of protecting itself”, it argued that national security, the protection of others and also the State language were the democratic values which the State purported to protect. The applicant’s public statements revealed that his actions were aimed at destabilising the situation in the country and that his wish to become a citizen had this purpose in mind. His statements and actions showed that he posed a real threat to national security: (i) the applicant was a leader of an organisation whose activities were directed towards disturbing public order and safety [1] ; (ii) the organisation’s activities attested to the possibility of using violence [2] ; (iii) the applicant’s statements indicated that he was ready to use violence [3] ; (iv) the applicant’s actions demonstrated his unwillingness to allow the State authorities to exercise legitimate control over the lawfulness of the organisation’s activities [4] ; and (v) the applicant’s genuine aim was not to acquire Latvian citizenship but to conduct an organised campaign directed at triggering a political scandal [5] . 18.     On 16 December 2005 the Administrative District Court decided to terminate the proceedings without examining the case on the merits. The court concluded that the decision of the Cabinet of Ministers regarding admission to Latvian citizenship ( lēmums par personas uzņemšanu Latvijas pilsonībā ) was “a political decision” (see paragraph 33 below) and as such not subject to examination by a court. The applicant appealed, stating, inter alia , that the Citizenship Law could not be used as a political weapon and that a court should have full jurisdiction over such decisions. 19.     On 13 February 2006 the Administrative Regional Court ( Administratīvā apgabaltiesa ) upheld the decision of the Administrative District Court and also considered that the decision of the Cabinet of Ministers was a political decision. The applicant appealed, stating, inter alia , that the granting or denial of citizenship could not be used as a political weapon and that a court should have full jurisdiction over such decisions. 20.     On 11 April 2006 the Administrative Department of the Senate of the Supreme Court ( Augstākās tiesas Senāta Administratīvo lietu departaments ) upheld the decision of the Administrative Regional Court. The court established that, under the Citizenship Law, the Naturalisation Board should prepare a draft decision as regards the establishment of legal facts. The final decision was taken by the Cabinet of Ministers. The Cabinet took its decision, based on the draft decision prepared by the Naturalisation Board, by a vote. Members of the Cabinet were not required to give reasons for their vote and the Law did not stipulate the details of the decision-making process. The court stated, inter alia , as follows. “[8.3]     ... the Cabinet of Ministers [has] unrestricted competence as regards granting or refusing citizenship to persons who, as found by the Naturalisation Board, have met the naturalisation criteria. Such unrestricted freedom of action, which is also in stark contrast [ krasi kontrastē ] to the detailed regulation regarding a decision of the Naturalisation Board, shows that the Cabinet of Ministers in such a case performs a constitutional rather than an administrative function. Thus, the Cabinet of Ministers cannot be regarded as a public authority for the purposes of administrative procedure. Therefore, the argument stated in the ancillary complaint that the said decision meets all the criteria of an administrative act is unfounded. Having regard to the above, the conclusion of [the Administrative Regional Court] that the decision appealed against cannot be regarded as an administrative act, but as a political decision, is correct. ... [10]     In the Administrative Department’s view, if a person meets all the requirements for naturalisation and if no restrictions for naturalisation are applicable, [there is] a subjective right only to have a draft decision concerning acquisition of citizenship examined by the Cabinet of Ministers. [11]     The fact that the legislation does not set out a procedure for appeal against a decision of the Cabinet of Ministers does not mean that such decision is subject to appeal like an administrative act, in accordance with the Administrative Procedure Law. There is no established practice in Latvia of indicating expressis verbis in a legal act that the relevant decision is not subject to appeal ... [12]     ... In the Administrative Department’s view, the laws of Latvia provide for the possibility of monitoring [ kontrolēt ] decisions taken on naturalisation issues. That is to say, decisions taken by the Naturalisation Board (administrative acts) are subject to appeal before a court, in accordance with the Administrative Procedure Law, whereas if a decision of the Cabinet of Ministers or a part of it is incompatible with the law, a public prosecutor can submit an application for supervisory review [ protests ] under section 19 of the Law on the Prosecutor’s Office. Therefore, the [applicant’s] reference to [Article 12 of] the European Convention on Nationality is unfounded.” 21.     The applicant has not reapplied for Latvian citizenship through naturalisation to date. II.     RELEVANT DOMESTIC LAW AND PRACTICE A.     The Constitution ( Satversme ) 22.     Under Article 4 of the Constitution, the Latvian language is the State language in the Republic of Latvia. 23.     Under Article 100 of the Constitution, everyone has the right to freedom of expression, which includes the right to freely receive, keep and distribute information and to express one’s views. Censorship is prohibited. 24.     Under Article 102 of the Constitution, everyone has the right to form and join associations, political parties and other public organisations. 25.     Under Article 103 of the Constitution, the State protects the freedom of previously announced peaceful meetings, street processions and demonstrations. 26.     Under Article 116, the rights of persons set out in, inter alia , Articles   100, 102 and 103, may be subject to restrictions in circumstances provided for by law in order to protect the rights of other people, the democratic structure of the State, and public safety, welfare and morals. On the basis of the conditions set forth in this Article, restrictions may also be imposed on the expression of religious beliefs. B.     The Citizenship Law ( Pilsonības likums ) as in force at the material time 27.     Section 1(1) of the Citizenship Law provided that Latvian citizenship was the enduring legal bond ( noturīga tiesiska saikne ) between a person and the Latvian State ( Latvijas valsts ). More generally, Latvian legislation on citizenship and immigration distinguished several categories of persons, each with a specific status. They have been summarised in Slivenko v. Latvia ([GC], no. 48321/99, §§ 50-53, ECHR 2003-X) and Sisojeva and Others v. Latvia ((striking out) [GC], no. 60654/00, §§ 46-47, ECHR 2007-I). 28.     Section 11 listed the restrictions on naturalisation. It provided, inter alia , that persons who, by unconstitutional methods, had acted against the independence of the Republic of Latvia, the democratic parliamentary structure of the State or the existing State authority in Latvia, where established by a judgment of a court, could not be admitted to citizenship. 29.     Section 12 provided as follows: “(1)     Only those persons who are registered in the Population Register may be admitted to Latvian citizenship through naturalisation and where: 1)     their permanent place of residence, as of the date of submission of an application for naturalisation, has been in Latvia for not less than five years calculated from 4   May 1990 (for persons who arrived in Latvia after 1 July 1992, the five-year period shall be calculated from the moment a permanent residence permit is obtained); 2)     they know [ prast ] the Latvian language; 3)     they know [ zināt ] the basic principles of the Constitution of the Republic of Latvia and the Constitutional Law [of 10 December 1991] on the rights and obligations of persons and citizens; 4)     they know the text of the National Anthem and the history of Latvia; 5)     they have a legal source of income; 6)     they have given a pledge of allegiance to the Republic of Latvia; 7)     they have submitted a notice regarding the renunciation of their former citizenship (nationality) and have received an expatriation permit from the State of their former citizenship (nationality), if such permit is provided for by the law of that State, or have received a document certifying the loss of citizenship (nationality), or, if they are citizens of the former USSR whose permanent place of residence on 4 May 1990 was in Latvia, a certificate that they have not acquired the citizenship (nationality) of another State; and 8)     they are not subject to the naturalisation restrictions specified in section 11 of this Law. (2)     Only those persons who meet all the requirements set out in paragraph one of this section may be admitted to Latvian citizenship through naturalisation. ... (6)     Persons whose applications regarding matters of citizenship have been rejected may resubmit them one year after the previous decision was taken.” 30.     Section 17(1) provided that the Naturalisation Board would receive and examine applications for naturalisation. A decision of the Naturalisation Board refusing naturalisation could be appealed against to a court (section   17(3)). Decisions regarding admission to citizenship would be taken by the Cabinet of Ministers (section 17(2)). 31.     At the material time (prior to the legislative amendments effective from 1 October 2013), under section 18, all persons who were admitted to Latvian citizenship had to sign the following pledge regarding allegiance to the Republic of Latvia: “I, (given name, surname) born (place of birth, date of birth), pledge that I will be loyal only to the Republic of Latvia. I undertake to comply with the Constitution and laws of the Republic of Latvia in good faith and to use my best endeavours to protect them. I undertake, without regard to my life, to defend the independence of the Latvian State [ Latvijas valsts ] and to live and work in good faith, in order to increase the prosperity of the Latvian State and of the people.” 32.     On 1 October 2013 several amendments to the Citizenship Law took effect; they included changes to all of the above-mentioned provisions. C.     The Administrative Procedure Law ( Administratīvā procesa likums ) 33.     Pursuant to section 1(3) of the Administrative Procedure Law (as effective from 1 February 2004 to 30 November 2006), an administrative act is a legal instrument directed externally, which is issued by a public authority ( iestāde ) in the area of public law with regard to an individually named person (or persons), establishing, altering, determining or terminating specific legal relations ( tiesiskās attiecības ) or determining an existing situation. A decision regarding the establishment, alteration or termination of the legal status of, or the disciplinary punishment of an official ( amatpersona ) of or a person specially subordinated ( īpaši pakļauta persona ) to the public authority, as well as other decisions if they significantly interfere with the human rights of the official of or the person specially subordinated to the public authority are also administrative acts. A decision or other type of action of a public authority in the sphere of private law, and an internal decision which affects only the public authority itself, a body subordinated ( padota institūcija ) to it or a person specially subordinated to it, are not administrative acts; political decisions (political announcements, declarations, invitations, notifications regarding election of officials, and the like) by the Saeima , the President, the Cabinet of Ministers or local government city councils (district and parish councils), as well as decisions regarding criminal proceedings and court rulings are also not administrative acts. D.     Cabinet of Ministers Regulation no. 34 (1999), “The Receiving and Processing of Naturalisation Applications” 34.     Paragraph 32 of Cabinet of Ministers Regulation no. 34 (1999), entitled “The Receiving and Processing of Naturalisation Applications” ( Naturalizācijas iesniegumu pieņemšanas un izskatīšanas kārtība ), as effective from 5 February 1999 to 9 July 2011, lays down certain grounds under which the Head of the Naturalisation Board may take a decision to refuse naturalisation. Such a decision has to be taken, for instance, if it has been established by a judgment which has lawfully come into force that a person has intentionally provided false information (paragraph 32.1), or if it has been ascertained after the examination of an application that there is no lawful ground for naturalisation or that such a ground has ceased to exist (paragraph 32.2). 35.     If a person is to be naturalised, an official of the Naturalisation Board, taking into consideration the documents contained in the person’s naturalisation file, prepares a draft decision of the Cabinet of Ministers on granting Latvian citizenship by naturalisation (paragraph 33). The Naturalisation Board informs the person of the decision adopted by the Cabinet of Ministers (paragraph 34). E.     The case-law of the Constitutional Court 36 .     On 13 May 2010 the Constitutional Court ( Satversmes tiesa ) delivered its judgment in case no. 2009-94-01 on the conformity of certain words in the first sentence of paragraph 1 of the transitional provisions of the Citizenship Law and the second sentence with Articles 1 and 2 of the Constitution, and also with the Preamble to the 4 May 1990 Declaration on the Restoration of the Independence of the Republic of Latvia. This case was referred to the Constitutional Court by the Administrative Cases Division of the Senate of the Supreme Court ( Augstākās tiesas Senāta Administratīvo lietu departaments ) questioning whether the conditions for double citizenship laid down in the law were compatible with the doctrine of the State continuity of Latvia. The Constitutional Court found the legal regulation to be compatible with the Constitution and the Declaration. The relevant parts of its judgment read as follows (references omitted). “16.     The Applicant has argued that citizenship must be viewed as a human right and that the contested provisions are inconsistent with the principles of proportionality and legal certainty following from Article 1 of the Constitution. 16.1.     The Constitutional Court has recognised in its case-law that it follows from the concept of a democratic Republic enshrined in Article 1 of the Constitution that the State has an obligation to abide by a number of fundamental principles pertaining to a State governed by the rule of law [ tiesiska valsts ], including the principles of proportionality and legal certainty ... In the field of regulating citizenship the State has a wide margin of appreciation ... However, this margin of appreciation cannot be deemed unlimited. In the framework of the [State] continuity doctrine the legislature has the obligation to ensure that no person who retained Latvian citizenship during the time of occupation would be excluded from the body of citizens, and also that the requirements set for the reinstitution of citizenship were proportionate. Thus, the Constitutional Court must assess whether the certainty that some persons developed with regard to the possibility of retaining dual citizenship owing to the Decision of 27 November 1991 exceeded the legislature’s discretion in regulating citizenship. This means that the Constitutional Court has to verify that the contested provisions do not violate a person’s right to the citizenship of a specific State. 16.2.     [It has been indicated in] the Application that citizenship or a person’s link with the State is a human right, since it is included in Article 15 of the [Universal] Declaration of Human Rights and consequently in Article 89 of the Constitution. The fixing of such a term, after the expiry of which a person, by registering as a Latvian citizen, has to renounce the citizenship of another State, is said to be equal to deprivation of citizenship or even deprivation of citizenship en masse or for a group of people which can be identified by a specific feature. The Constitutional Court notes that the Declaration of Human Rights is an authoritative source of human rights and that the content of its provisions has improved over time and has served as the basis for the development of the principles and customs of international law. However, in order to establish precisely the scope of Article 15 of the Declaration of Human Rights, which is binding on the State in accordance with Article 89 of the Constitution, an additional assessment is needed. Article 15 of the Declaration of Human Rights provides that everyone has a right to a nationality. However, it does grant a person a right to the nationality of a specific State. Even though the content of the Article has changed over time and the development of international law has influenced the discretion of States with regard to nationality issues, its content is still limited. [It has been noted in] legal opinion that nationality is not a natural or inalienable right, because it essentially follows from the existence of a sovereign State ... At present, Article 15 of the Declaration of Human Rights contains three main elements: the right to nationality or avoidance of statelessness; the prohibition on depriving a person of nationality arbitrarily (including deprivation en masse ); and a person’s right to change his or her nationality. Deprivation of nationality because of political or other discriminatory considerations is considered to be arbitrary deprivation of nationality ... Also, any deprivation of nationality which results in statelessness is considered to be arbitrary ... The prohibition of discrimination cannot be construed widely; for example, a language proficiency requirement is not considered discriminatory. In addition to this, consensus in the following two fields can be identified: gender equality, which means the decreasing of statelessness in cases of marriage; and more pronouncedly, the obligation of a State to grant nationality to every child who has been born in its territory and who would otherwise become a stateless person ...” III.     RELEVANT INTERNATIONAL LAW AND PRACTICE A.     The case-law of the Permanent Court of International Justice 37 .     In Nationality Decrees Issued in Tunis and Morocco (Advisory Opinion, 1923, Series B No. 4 ), the Permanent Court of International Justice concluded as follows. “The words ‘solely within the domestic jurisdiction’ seem rather to contemplate certain matters which, though they may very closely concern the interests of more than one State, are not, in principle, regulated by international law. As regards such matters, each State is sole judge. The question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends upon the development of international relations. Thus, in the present state of international law, questions of nationality are, in the opinion of the Court, in principle within this reserved domain. For the purpose of the present opinion, it is enough to observe that it may well happen that, in a matter which, like that of nationality, is not, in principle, regulated by international law, the right of a State to use its discretion is nevertheless restricted by obligations which it may have undertaken towards other States. ...” B.     The case-law of the International Court of Justice 38 .     In the Nottebohm Case ( Liechtenstein v. Guatemala , judgment of 6   April 1955, ICJ Reports 1955), the International Court of Justice (ICJ) concluded as follows. “It is for Liechtenstein, as it is for every sovereign State, to settle by its own legislation the rules relating to the acquisition of its nationality, and to confer that nationality by naturalization granted by its own organs in accordance with that legislation. It is not necessary to determine whether international law imposes any limitations on its freedom of decision in this domain. Furthermore, nationality has its most immediate, its most far-reaching and, for most people, its only effects within the legal system of the State conferring it. Nationality serves above all to determine that the person upon whom it is conferred enjoys the rights and is bound by the obligations which the law of the State in question grants to or imposes on its nationals. This is implied in the wider concept that nationality is within the domestic jurisdiction of the State. ... According to the practice of States, to arbitral and judicial decisions and to the opinions of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties. It may be said to constitute the juridical expression of the fact that the individual upon whom it is conferred, either directly by the law or as the result of an act of the authorities, is in fact more closely connected with the population of the State conferring nationality than with that of any other State. Conferred by a State, it only entitles that State to exercise protection vis-à-vis another State, if it constitutes a translation into juridical terms of the individual’s connection with the State which has made him its national. ... Naturalization is not a matter to be taken lightly. To seek and to obtain it is not something that happens frequently in the life of a human being. It involves his breaking of a bond of allegiance and his establishment of a new bond of allegiance. It may have far-reaching consequences and involve profound changes in the destiny of the individual who obtains it. It concerns him personally, and to consider it only from the point of view of its repercussions with regard to his property would be to misunderstand its profound significance. In order to appraise its international effect, it is impossible to disregard the circumstances in which it was conferred, the serious character which attached to it, the real and effective, and not merely the verbal preference of the individual seeking it for the country which grants it to him.” C.     The European Convention on Nationality 39 .     The principal Council of Europe document concerning nationality is the European Convention on Nationality (ETS No. 166), which was adopted on 6 November 1997 and came into force on 1 March 2000. It has been ratified by twenty member States of the Council of Europe. Latvia signed this Convention on 30 May 2001 but has not ratified it. 40 .     The relevant Articles of this Convention read as follows. Article 2 – Definitions “For the purpose of this Convention: a.     ‘nationality’ means the legal bond between a person and a State and does not indicate the person’s ethnic origin; ...” Article 3 – Competence of the State “1.     Each State shall determine under its own law who are its nationals. 2.     This law shall be accepted by other States in so far as it is consistent with applicable international conventions, customary international law and the principles of law generally recognised with regard to nationality.” Article 4 – Principles “The rules on nationality of each State Party shall be based on the following principles: a.     everyone has the right to a nationality; b.     statelessness shall be avoided; c.     no one shall be arbitrarily deprived of his or her nationality; d.     neither marriage nor the dissolution of a marriage between a national of a State Party and an alien, nor the change of nationality by one of the spouses during marriage, shall automatically affect the nationality of the other spouse.” 41 .     The Explanatory Report to this Convention states, inter alia , in relation to Article 2: Article 2 – Definitions “22.     The concept of nationality was explored by the International Court of Justice in the Nottebohm case. This court defined nationality as ‘a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests and sentiments, together with the existence of reciprocal rights and duties’ ( Nottebohm case, ICJ Reports 1955, p. 23). 23.     ‘Nationality’ is defined in Article 2 of the Convention as ‘the legal bond between a person and a State and does not indicate the person’s ethnic origin’. It thus refers to a specific legal relationship between an individual and a State which is recognised by that State. As already indicated in a footnote to paragraph 1 of this explanatory report, with regard to the effects of the Convention, the terms ‘nationality’ and ‘citizenship’ are synonymous.” D.     The case-law of the Court of Justice of the European Union 42 .     In case C-135/08 Janko Rottmann v. Freistaat Bayern (judgment of 2   March 2010), the Court of Justice ruled as follows (references omitted). “45.     Thus, the Member States must, when exercising their powers in the sphere of nationality, have due regard to European Union law ... 48.     The proviso that due regard must be had to European Union law does not compromise the principle of international law previously recognised by the Court, ..., that the Member States have the power to lay down the conditions for the acquisition and loss of nationality, but rather enshrines the principle that, in respect of citizens of the Union, the exercise of that power, in so far as it affects the rights conferred and protected by the legal order of the Union, as is in particular the case of a decision withdrawing naturalisation such as that at issue in the main proceedings, is amenable to judicial review carried out in the light of European Union law. ... 55.     In such a case, it is, however, for the national court to ascertain whether the withdrawal decision at issue in the main proceedings observes the principle of proportionality so far as concerns the consequences it entails for the situation of the person concerned in the light of European Union law, in addition, where appropriate, to examination of the proportionality of the decision in the light of national law.” E.     The case-law of the Inter-American Court of Human Rights 43.     In Proposed Amendments to the Naturalisation Provision of the Constitution of Costa Rica (Advisory Opinion OC-4/84, 19 January 1984), the Inter-American Court of Human Rights ruled as follows: “31.     The questions posed by the Government involve two sets of general legal problems which the Court will examine separately. There is, first, an issue related to the right to nationality established by Article 20 of the Convention. A second set of questions involves issues of possible discrimination prohibited by the Convention. 32.     It is generally accepted today that nationality is an inherent right of all human beings. Not only is nationality the basic requirement for the exercise of political rights, it also has an important bearing on the individual’s legal capacity. Thus, despite the fact that it is traditionally accepted that the conferral and regulation of nationality are matters for each state to decide, contemporary developments indicate that international law does impose certain limits on the broad powers enjoyed by the states in that area, and that the manners in which states regulate matters bearing on nationality cannot today be deemed within their sole jurisdiction; those powers of the state are also circumscribed by their obligations to ensure the full protection of human rights. 33.     The classic doctrinal position, which viewed nationality as an attribute granted by the state to its subjects, has gradually evolved to the point that nationality is today perceived as involving the jurisdiction of the state as well as human rights issues. This has been recognized in a regional instrument, the American Declaration of the Rights and Duties of Man of 2 May 1948 ... [text of Article 19]. Another instrument, the Universal Declaration of Human Rights ... provides the following [text of Article 15]. 34.     The right of every human being to a nationality has been recognized as such by international law. Two aspects of this right are reflected in Article 20 of the Convention: first, the right to a nationality established therein provides the individual with a minimal measure of legal protection in international relations through the link his nationality establishes between him and the state in question; and, second, the protection therein accorded the individual against the arbitrary deprivation of his nationality, without which he would be deprived for all practical purposes of all of his political rights as well as of those civil rights that are tied to the nationality of the individual. 35.     Nationality can be deemed to be the political and legal bond that links a person to a given state and binds him to it with ties of loyalty and fidelity, entitling him to diplomatic protection from that state. In different ways, most states have offered individuals who did not originally possess their nationality the opportunity to acquire it at a later date, usually through a declaration of intention made after complying with certain conditions. In these cases, nationality no longer depends on the fortuity of birth in a given territory or on parents having that nationality; it is based rather on a voluntary act aimed at establishing a relationship with a given political society, its culture, its way of life and its values. 36.     Since it is the state that offers the possibility of acquiring its nationality to persons who were originally aliens, it is natural that the conditions and procedures for its acquisition should be governed primarily by the domestic law of that state. As long as such rules do not conflict with superior norms, it is the state conferring nationality which is best able to judge what conditions to impose to ensure that an effective link exists between the applicant for naturalization and the systems of values and interests of the society with which he seeks to fully associate himself. That state is also best able to decide whether these conditions have been complied with. Within these same limits, it is equally logical that the perceived needs of each state should determine the decision whether to facilitate naturalization to a greater or lesser degree; and since a state’s perceived needs do not remain static, it is quite natural that the conditions for naturalization might be liberalized or restricted with the changed circumstances. It is therefore not surprising that at a given moment new conditions might be imposed to ensure that a change of nationality not be effected to solve some temporary problems encountered by the applicants when these have not established real and lasting ties with the country, which would justify an act as serious and far-reaching as the change of nationality.” 44.     In Case of the Girls Yean and Bosico v. Dominican Republic (preliminary objections, merits, reparations and costs), judgment of 8   September 2005, Series C No. 130, the Inter-American Court of Human Rights ruled as follows (footnotes omitted). “139.     The American Convention recognizes both aspects of the right to nationality: the right to have a nationality from the perspective of granting the individual a ‘minimal measure of legal protection in international relations through the link his nationality establishes between him and the State in question; and second the protection accorded the individual against the arbitrary deprivation of his nationality, without that are tied to the nationality of the individual’. 140.     The determination of who has a right to be a national continues to fall within a State’s domestic jurisdiction. However, its discretional authority in this regard is gradually being restricted with the evolution of international law, in order to ensure a better protection of the individual in the face of arbitrary acts of States. Thus, at the current stage of the development of international human rights law, this authority of the States is limited, on the one hand, by their obligation to provide individuals with the equal and effective protection of the law and, on the other hand, by their obligation to prevent, avoid and reduce statelessness. 141.     The Court considers that the peremptory legal principle of the equal and effective protection of the law and non-discrimination determines that, when regulating mechanisms for granting nationality, States must abstain from producing regulations that are discriminatory or have discriminatory effects on certain groups of population when exercising their rights. Moreover, States must combat discriminatory practices at all levels, particularly in public bodies and, finally, must adopt the affirmative measures needed to ensure the effective right to equal protection for all individuals. 142.     States have the obligation not to adopt practices or laws concerning the granting of nationality, the application of which fosters an increase in the number of stateless persons. This condition arises from the lack of a nationality, when an individual does not qualify to receive this under the State’s laws, owing to arbitrary deprivation or the granting of a nationality that, in actual fact, is not effective. Statelessness deprives an individual of the possibility of enjoying civil and political rights and places him in a condition of extreme vulnerability.” 45.     The principles emerging from the case-law of the Inter-American Court of Human Rights concerning the right to nationality have recently been confirmed in Expelled Dominicans and Haitians v. Dominican Republic (preliminary objections, merits, reparations and costs), judgment of 28 August 2014, Series C No. 282, §§ 253-64. THE LAW I.     ALLEGED VIOLATION OF ARTICLES 10 AND 11 OF THE CONVENTION 46.     The applicant complained under Articles 10 and 11 of the Convention that the allegedly arbitrary denial of Latvian citizenship through naturalisation was a punitive measure imposed on him because he had imparted ideas and exercised his right of assembly in order to criticise the government’s position. He further complained that the aforementioned infringements of his rights, contrary to the requirements of Article 10 § 2 and Article 11 § 2 of the Convention, were not prescribed by law, did not pursue a legitimate aim and were disproportionate and not necessary in a democratic society. Articles 10 and 11 of the Convention read as follows. Article 10 – Freedom of expression “1.     Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2.     The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.” Article 11 – Freedom of assembly and association “ 1.     Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 2.     No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.” 47.     The Government denied that there had been a violation of these Articles. A.     The parties’ submissions 1.     The applicant 48.     The applicant pointed out that issues pertaining to nation