ŽDANOKA v. LATVIA JUDGMENT
17
...
(3) ... [A] candidate shall be removed from the list on the basis of a statement from
the relevant authority or of a court decision. The fact that the candidate:
...
6. actively participated 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, shall be attested by a judgment of
the relevant court; ...”
59. The Law of 13 January 1994 on elections to municipal councils and
city councils (Pilsētas domes un pagasta padomes vēlēšanu likums) contains
similar provisions to the provisions of the Parliamentary Elections Act cited
above. In particular, section 9(5) is identical to section 5(6) of that Act.
2. Procedural provisions
60. The procedure for obtaining a judicial statement attesting to an
individual’s participation or non-participation in the above-mentioned
organisations is governed by Chapter 23-A of the Code of Civil Procedure
(Civilprocesa kodekss), which was inserted by a law of 3 September 1998
and is entitled “Examination of cases concerning the attestation of
restrictions on electoral rights”. The provisions of that chapter read as
follows:
Article 233-1
“A request for a statement of restriction on electoral rights may be submitted by the
prosecutor ...
The request must be submitted to the court in whose territorial jurisdiction is
situated the home of the person in respect of whom the attestation of a restriction on
electoral rights is requested.
The request may be submitted where an electoral commission has registered a list of
candidates which includes ... a citizen in respect of whom there is evidence that,
subsequent to 13 January 1991, he or she actively participated in the CPSU (in the
CPL) ... A request concerning a person included in the list of candidates may also be
submitted once the elections have taken place.
The request must be accompanied by a statement from the electoral commission
confirming that the person in question has stood as a candidate in elections and that
the list in question has been registered, as well as by evidence confirming the
allegations made in the request.”