ŽDANOKA v. LATVIA JUDGMENT
9
municipal elections. As she had done for the 1997 elections, she likewise
sent a letter to the Central Electoral Commission explaining her situation
and arguing that the restrictions in question were incompatible with the
International Covenant on Civil and Political Rights and with Article 3 of
Protocol No. 1 to the Convention.
36. On 29 July 1998 the Central Electoral Commission suspended
registration of the list on the ground that the applicant’s candidacy did not
meet the requirements of the Parliamentary Elections Act. Not wishing to
jeopardise the entire list’s prospects of being registered, the applicant
withdrew her candidacy, after which the list was immediately registered.
D. The procedure for determining the applicant’s participation in
the CPL
37. By a letter of 7 August 1998, the President of the Central Electoral
Commission asked the Prosecutor General to examine the legitimacy of the
applicant’s election to the Riga City Council.
38. By a decision of 31 August 1998, a copy of which was sent to the
Central Electoral Commission, the Office of the Prosecutor General
(Ģenerālprokuratūra) noted that the applicant had not committed any act
defined as an offence in the Criminal Code. The decision stated that,
although the applicant had provided false information to the Riga Electoral
Commission regarding her participation in the CPL, there was nothing to
prove that she had done so with the specific objective of misleading the
commission. In that connection, the prosecutors considered that the
statement by the applicant, appended to the list of candidates for the
elections of 9 March 1997, was to be read in conjunction with her
explanatory letter of 25 January 1997.
39. On 14 January 1999 the Office of the Prosecutor General applied to
the Riga Regional Court for a finding that the applicant had participated in
the activities of the CPL after 13 January 1991. The prosecutors attached the
following documents to their submission: the applicant’s letter of
25 January 1997; the minutes of the meeting of 26 January 1991 of the
CPL’s Central Committee for Supervision and Audit; the minutes of the
joint meeting of 27 March 1991 of the Central Committee for Supervision
and Audit and the municipal and regional committees for supervision and
audit; and the annexes to those minutes, indicating the structure and
composition of the said committee and a list of the members of the Audit
Committee at 1 July 1991.
40. Following adversarial proceedings, the Riga Regional Court allowed
the prosecutors’ request in a judgment of 15 February 1999. It considered
that the documents in its possession clearly attested to the applicant’s active
participation in the party’s activities after the critical date, and that the
evidence provided by the applicant was insufficient to refute this finding.