CEDH · PRESS;HEARINGS;ENG — 1 juin 2005

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LATVIA   The European Court of Human Rights is holding a Grand Chamber hearing today Wednesday 1 June 2005 at 9 a.m., in the case of Ždanoka v. Latvia (application no. 58278/00).   The applicant   The applicant, Tatjana Ždanoka, is a Latvian national who was born in 1950 and lives in Riga. She led the list of the PCTVL electoral alliance ( Par cilvēka tiesībām vienotā Latvijā – alliance “For Human Rights in a United Latvia”) and was elected in the European elections of June 2004.   Summary of the facts   In 1971 Ms Ždanoka became a member of the Communist party of Latvia (“the CPL”), a regional branch of the Communist Party of the Soviet Union (“the CPSU”). In 1990 she was elected a member of the Supreme Council ( Augstākā Padome ) of the Soviet Socialist Republic of Latvia, her term of office ending in 1993. After the restoration of Latvia’s independence, the CPL, which, according to the Government, had taken part in two attempted coups d’état, was declared unconstitutional and dissolved by the Supreme Council on 10   September 1991.   In 1993 the applicant became President of the Movement for Social Justice and Equal Rights in Latvia ( Kustība par sociālo taisnīgumu un līdztiesību Latvijā ), which later became a political party, called Equal Rights ( Līdztiesība ). She was elected to Riga City Council in 1997 and attempted to stand as a candidate in the 1998 parliamentary elections. However, the Central Electoral Commission ruled that, under electoral legislation, she was disqualified from standing because she had “actively participated” ( darbojušās ) in the CPL’s activities after 13 January 1991. Not wishing to put her party’s entire list of candidates at risk of being refused registration, the applicant withdrew her candidature.   Riga Regional Court confirmed the Central Electoral Commission’s findings and its judgment was upheld on appeal on 15 December 1999. The applicant was disqualified from standing in elections and lost her seat on the City Council with immediate effect. She appealed unsuccessfully.   Ms Ždanoka attempted to stand in the 2002 parliamentary elections as a PCTVL candidate. However, referring to the judgment of 15 December 1999, the Central Electoral Commission removed her name from the list of candidates.       Complaints The applicant complains about being disqualified from standing for election to parliament, relying on Article 3 of Protocol No. 1 (right to free elections) to the European Convention on Human Rights. She also maintains that her disqualification from standing for election at national and local level is in violation of Article 10 (freedom of expression) and Article 11 (freedom of assembly and association) of the Convention.   Procedure The application was lodged with the Court on 20 January 2000 and declared partly admissible on 6 March 2003. A hearing in the case was held on 15 May 2003.   In a Chamber judgment of 17 June 2004, the European Court of Human Rights held that there had been a violation of Article 3 of Protocol No. 1 and of Article 11, and considered that there was no need to examine separately the complaint under Article 10. The case was referred to the Grand Chamber at the Government’s request. [1]   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Nicolas Bratza (British), Boštjan M. Zupančič (Slovenian), Loukis Loucaides (Cypriot), Riza Türmen (Turkish), Josep Casadevall (Andorran), András Baka (Hungarian), Rait Maruste (Estonian), Javier Borrego Borrego (Spanish), Elisabet Fura-Sandström (Swedish), Alvina Gyulumyan (Armenian), Ljiljana Mijović (citizen of Bosnia and Herzegovina), Dean Spielmann (Luxemburger), Renate Jaeger (German), judges , Jautrite Briede (Latvian), ad hoc judge, Margarita Tsatsa-Nikolovska (citizen of “the former Yugoslav Republic of Macedonia”), Egbert Myjer (Netherlands), Lech Garlicki (Polish), substitute judges , and also Lawrence Early , Deputy Grand Chamber Registrar . Representatives of the parties   Government :   Inga Reine , Agent ,   Emils Plaksins , Adviser;   Applicant :   William Bowring , Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Press contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Emma Hellyer (telephone: +00 33 (0)3 90 21 42 15)   Stéphanie Klein (telephone: +00 33 (0)3 88 41 21 54) Fax: +00 33 (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. Since 1 November 1998 it has sat as a full-time Court composed of an equal number of judges to that of the States party to the Convention. The Court examines the admissibility and merits of applications submitted to it. It sits in Chambers of 7 judges or, in exceptional cases, as a Grand Chamber of 17 judges. The Committee of Ministers of the Council of Europe supervises the execution of the Court’s judgments. More detailed information about the Court and its activities can be found on its Internet site. [1] Under Article 43 of the European Convention on Human Rights, within three months from the date of a Chamber judgment, any party to the case may, in exceptional cases, request that the case be referred to the 17 ‑ member Grand Chamber of the Court. In that event, a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment. If no such question or issue arises, the panel will reject the request, at which point the judgment becomes final. Otherwise Chamber judgments become final on the expiry of the three-month period or earlier if the parties declare that they do not intend to make a request to refer.