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ŽDANOKA v. LATVIA JUDGMENT
Matthews v. the United Kingdom [GC], no. 24833/94, §§ 39-44 and 48-54,
ECHR 1999-I). However, the fact that the applicant is entitled to stand for
election to the European Parliament cannot suffice to release the State from
its obligation to respect the rights guaranteed in Article 3 of Protocol No. 1
with regard to the national parliament.
71. In sum, to this day the Latvian authorities have not recognised, let
alone redressed, the violations alleged by the applicant. She therefore
remains a “victim” of those alleged violations.
72. Accordingly, the Government’s preliminary objection must be
dismissed.
II. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1
73. The applicant complained that her disqualification from standing for
election to the national parliament, on the ground that she had actively
participated in the CPL after 13 January 1991, constituted a violation of
Article 3 of Protocol No. 1, which provides:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
A. The Chamber’s judgment
74. The Chamber considered at the outset that the duty of political
loyalty established by the Court in relation to the limitations on the political
activities of public servants could not be applied to the same extent in the
context of the eligibility of individuals to stand for Parliament. It further
found that the disqualification of the applicant pursued legitimate aims,
namely the protection of the State’s independence, democratic order and
national security. The Chamber observed that the restriction was not limited
in time, and that a permanent disqualification could only be justified in
cases of grievous criminal offences, such as war crimes or treason. At the
same time, it considered that barring the leading figures of the former
regime from standing as parliamentary candidates could be considered a
legitimate and balanced measure during the early years following the reestablishment of Latvia’s independence, without it being necessary to look
into the conduct of the individual concerned.
75. However, after a certain time it became necessary to establish
whether other factors, particularly an individual’s personal participation in
the disputed events, continued to justify his or her ineligibility. In the view
of the Chamber, since the domestic courts only had limited, if any, powers
to assess the real danger posed to the current democratic order by each
individual to whom the restriction applied, the Court had itself to examine