CEDHPRESS;HEARINGS;ENG
CEDH · PRESS;HEARINGS;ENG — 15 mai 2003
- ECLI
- ECLI:CEDH:003-751789-765042
- Date
- 15 mai 2003
- Publication
- 15 mai 2003
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s61E420C2 { font-family:Arial; font-variant:small-caps } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s18D96D33 { width:15.69pt; text-indent:0pt; display:inline-block } .sBF401EEE { width:32.35pt; text-indent:0pt; display:inline-block } .s3C4DB099 { margin-top:0pt; margin-bottom:0pt; text-align:left; font-size:10pt } .sAD66F3FB { width:10.59pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt }   EUROPEAN COURT OF HUMAN RIGHTS     256   15.5.2003   Press release issued by the Registrar   CHAMBER HEARING ON THE MERITS IN THE CASE OF ZDANOKA v. LATVIA   Thursday 15 May 2003 at 9.00 a.m.   The applicant   The application (no. 58278/00) was brought by Tatjana Ždanoka, a Latvian national who was born in 1950 and lives in Riga. The case concerns her disqualification from standing for election in Latvia on account of her former membership of, and activities within, a political party that had been declared unconstitutional.   Summary of the facts   In 1971 Ms Ždanoka became a member of the Latvian Communist Party (LCP), a regional branch of the Communist Party of the Soviet Union. In 1990 she was elected as a member of the Supreme Council ( Augstākā Padome ) of the Latvian Soviet Socialist Republic for a term ending in 1993. After Latvia had regained its independence, the LCP – which, according to the Government, had been involved in two attempted coups – was declared unconstitutional and its dissolution was ordered by the Supreme Council on 10 September 1991.   In 1993 the applicant became chair of the Movement for Social Justice and Equal Rights in Latvia ( Kustība par sociālo taisnīgumu un līdztiesību Latvijā ), which was subsequently transformed into a political party, Līdztiesība (“Equal Rights”). She was elected as a member of Riga City Council in 1997 and applied to stand in the 1998 general election. However, the Central Electoral Commission ruled that her candidacy did not comply with electoral legislation, which provided that persons who had “actively participated” ( darbojušās ) in the LCP’s activities after 13 January 1991 were disqualified from standing for election. Not wishing to jeopardise the entire list’s prospects of being registered, the applicant withdrew her candidacy.   On an application by the Attorney-General’s Office, the Riga Regional Court delivered a judgment confirming that the applicant had taken part in the LCP’s activities after the crucial date. The Civil Division of the Supreme Court upheld that judgment on appeal on 15   December 1999. Since the Civil Division’s judgment was binding, the applicant was disqualified from standing for election and had to stand down as a city councillor. She appealed on points of law to the Senate of the Supreme Court, which declared her appeal inadmissible.   The applicant applied to stand in the 2002   general election; her party and two other parties formed an electoral alliance called “For Human Rights in a United Latvia” ( “Par cilvēka tiesībām vienotā Latvijā” ( PCTVL )). However, referring to the Civil Division’s judgment of 1999, the Central Electoral Commission struck her name out of the list of candidates.   Complaints   Relying on Article 3 of Protocol No. 1 (right to free elections) to the European Convention on Human Rights, the applicant complains that her right to stand for election has been infringed as a result of her disqualification. She further submits that her disqualification amounts to a breach of Article 10 (right to freedom of expression) and Article 11 (freedom of assembly and association) of the Convention.   Procedure   The application was lodged with the European Court of Human Rights on 20 January 2000 and declared partly admissible on 6 March 2003.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Christos Rozakis (Greek), President , Peer Lorenzen (Danish) , Françoise Tulkens (Belgian), Nina Vajić (Croatian) , Egil Levits (Latvian), Anatoli Kovler (Russian), Vladimiro Zagrebelsky (Italian) , judges , Giovanni Bonello (Maltese), Snejana Botoucharova (Bulgarian), substitute judges , and also Søren Nielsen , Deputy Section Registrar .   Representatives of the parties   Government:   Inga Reine , Agent , and Inese Freimane , Adviser ;   Applicant:   William Bowring , Counsel .   Tatjana Ždanoka will also attend the hearing.   ***   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 Contacts:   Roderick Liddell (telephone: +00 33 (0)3 88 41 24 92)   Joanna Reynell (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 in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- PRESS;HEARINGS;ENG
- Date
- 15 mai 2003
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:003-751789-765042
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