ŽDANOKA v. LATVIA JUDGMENT
23
whether the applicant’s conduct more than a decade previously still
constituted sufficient justification for barring her from standing in
parliamentary elections. It noted in this connection that although the
applicant had occupied an important position within the CPL structure, there
was no evidence that her actual conduct at the material time in 1991
justified the continuing restriction. The Chamber also considered it
noteworthy that the applicant was never prosecuted for an offence, that the
CPL had not been dissolved until after the events of August 1991 and that
there was no proof that the applicant’s current conduct justified the
continuing restriction. It further criticised the Latvian legislature for
adopting the impugned restriction only in 1995, and not before the elections
held in 1993. This showed that former leading figures at the CPL were not
considered to pose a danger to democracy. In sum, and having regard in
particular to the case-law principles derived from Article 11 of the
Convention to support its reasoning and conclusion, the Chamber
considered that the applicant’s disqualification from standing as a
parliamentary candidate was disproportionate and therefore in violation of
Article 3 of Protocol No. 1.
B. The parties’ submissions
1. The applicant
76. The applicant requested that the Chamber’s judgment be upheld. She
considered that the reasons given for her disqualification should be
examined in the light of the principles and conclusions identified by the
Court in United Communist Party of Turkey and Others v. Turkey
(30 January 1998, §§ 45-46, Reports 1998-I). The applicant contested the
allegations regarding the CPL’s allegedly totalitarian and dangerous nature
with reference to the party’s official programme adopted in April 1990,
which advocated “constructive cooperation between different political
forces favourable to the democratic transformation of society” and “a
society based on the principles of democracy [and] humanism”. Moreover,
at the time of the CPL’s 25th Congress, the party had had no intention of
restoring the former totalitarian communist regime. She further pointed out
that the CPL was declared unconstitutional only on 23 August 1991 and that
the party’s activities had remained perfectly legal until that date, including
in the period after the events of January 1991.
77. The applicant further argued that the very facts of her membership in
the CPL and her position in the structure of the party did not suffice to
prove a lack of loyalty towards Latvia. Indeed, of the 201 members of the
Supreme Council, 106 had originally been members of the CPL and the
division of members of parliament into two main camps had been based
solely on their attitude to the Declaration of Independence, and not on