8
ŽDANOKA v. LATVIA JUDGMENT
the Latvian Public Rescue Committee publicly expressed its support for this
militarised body.
(c) During the coup of August 1991 the Central Committee of the CPL
openly declared its support for the National State of Emergency Committee,
set up an “operational group” with a view to providing assistance to it and
published an appeal calling on the public to comply with the regime
imposed by this self-proclaimed and unconstitutional body.
B. The 1997 municipal elections
33. On 25 January 1997 the Movement for Social Justice and Equal
Rights in Latvia submitted to the Riga Electoral Commission a list of ten
candidates for the forthcoming municipal elections of 9 March 1997. The
applicant was one of those candidates. In accordance with the requirements
of the Municipal Elections Act, she signed the list and attached a written
statement confirming that she was not one of the persons referred to in
section 9 of that Act. Under the terms of the Act, individuals who had
“actively participated” (darbojušās) in the CPSU, the CPL and several other
named organisations after 13 January 1991 were not entitled to stand for
office. In a letter sent on the same day, the applicant informed the Electoral
Commission that she had been a member of the CPL’s Pļavnieki branch and
of its Central Committee for Supervision and Audit until 10 September
1991, the date of the CPL’s official dissolution. However, she argued that
the restrictions mentioned above were not applicable to her, since they were
contrary to Articles 2 and 25 of the International Covenant on Civil and
Political Rights.
34. By a decision of 11 February 1997, the Riga Electoral Commission
registered the list submitted by the applicant. At the elections of 9 March
1997 this list obtained four of the sixty seats on Riga City Council (Rīgas
Dome). The applicant was one of those elected.
C. The 1998 parliamentary elections
35. With a view to participating in the parliamentary elections of
3 October 1998, the Movement for Social Justice and Equal Rights in Latvia
formed a coalition with the Party of National Harmony (Tautas Saskaņas
partija), the Latvian Socialist Party (Latvijas Sociālistiskā partija) and the
Russian Party (Krievu partija). The four parties formed a united list entitled
“Party of National Harmony”. The applicant appeared on this list as a
candidate for the constituencies of Riga and Vidzeme.
On 28 July 1998 the list was submitted to the Central Electoral
Commission for registration. In accordance with the requirements of the
Parliamentary Elections Act, the applicant signed the list and attached to it a
written statement identical to the one she had submitted prior to the