6
ŽDANOKA v. LATVIA JUDGMENT
democratic and politically independent Republic of Latvia?” According to
figures supplied by the Government, 87.5% of all residents registered on the
electoral roll voted, and 73.6% of them replied in the affirmative. According
to the Government, this was a genuine national referendum, confirming the
support of the overwhelming majority of the Latvian population for the idea
of national independence. The applicant maintains that it was a simple
consultative vote and contests the above-mentioned turnout, and thus the
very legitimacy of the plebiscite.
4. The events of August and September 1991
25. On 19 August 1991 there was an attempted coup in Moscow. The
self-proclaimed “National State of Emergency Committee” announced that
Mr Gorbachev, President of the USSR, was suspended from his duties,
declared itself the sole ruling authority and imposed a state of emergency
“in certain regions of the USSR”.
26. On the same day the Central Committee and the Riga Committee of
the CPL declared their support for the National State of Emergency
Committee and set up an “operational group” to provide assistance to it.
According to the Government, on 20 August 1991 the CPL, the Līdztiesība
parliamentary bloc and various other organisations signed and disseminated
an appeal entitled “Godājamie Latvijas iedzīvotāji!” (“Honourable residents
of Latvia!”), urging the population to comply with the requirements of the
state of emergency and not to oppose the measures imposed by the National
State of Emergency Committee in Moscow. According to the applicant, the
CPL’s participation in all those events has not been proved; in particular,
the members of the Līdztiesība bloc were taking part in parliamentary
debates over two consecutive days and were not even aware that such an
appeal was to be issued.
27. This coup also failed. On 21 August 1991, the Latvian Supreme
Council enacted a constitutional law on the status of the Republic of Latvia
as a State and proclaimed the country’s immediate and absolute
independence. Paragraph 5 of the Declaration of 4 May 1990, concerning
the transition period, was repealed.
28. By a decision of 23 August 1991, the Supreme Council declared the
CPL unconstitutional. The following day, the party’s activities were
suspended and the Minister of Justice was instructed “to investigate the
unlawful activities of the CPL and to put forward ... a motion on the
possibility of authorising its continued operations”. On the basis of the
proposal by the Minister of Justice, the Supreme Council ordered the party’s
dissolution on 10 September 1991.
29. In the meantime, on 22 August 1991 the Supreme Council set up a
parliamentary committee to investigate the involvement of members of the
Līdztiesība bloc in the coup. On the basis of that committee’s final report,