10
ŽDANOKA v. LATVIA JUDGMENT
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.