ŽDANOKA v. LATVIA JUDGMENT
11
45. Proceedings similar to those against the applicant were also
instituted against a small number of other CPL activists, not all of whom
were recognised by the courts as having “actively participated” in the
activities of the CPL after January 1991.
E. The 2002 parliamentary elections
46. The next parliamentary elections took place on 5 October 2002.
With a view to taking part in those elections, the Līdztiesība party, chaired
by the applicant, formed an alliance entitled “For Human Rights in a United
Latvia” (Par cilvēka tiesībām vienotā Latvijā, abbreviated to PCTVL) with
two other parties, the Party of National Harmony and the Socialist Party.
The alliance’s electoral manifesto expressly referred to the need to abolish
the restrictions on the electoral rights of persons who had been actively
involved in the CPL after 13 January 1991.
47. In spring 2002 the Executive Council of the Līdztiesība party put the
applicant forward as a candidate for the 2002 elections; the Council of the
PCTVL alliance approved this nomination. Shortly afterwards, however, on
16 May 2002, the outgoing parliament rejected a motion to repeal section
5(6) of the Parliamentary Elections Act. The alliance’s council, which was
fully aware of the applicant’s situation and feared that her candidacy would
prevent registration of the PCTVL’s entire list, changed its opinion and
decided not to include her name on the list of candidates. The applicant then
decided to submit a separate list containing only one name, her own, entitled
“Party of National Harmony”.
48. On 23 July 2002 the PCTVL electoral alliance submitted its list to
the Central Electoral Commission. In all, it contained the names of seventyseven candidates for Latvia’s five constituencies. On the same date the
applicant asked the commission to register her own list, for the constituency
of Kurzeme alone. As she had done for the 1998 elections, she attached to
her list a written statement to the effect that the disputed restrictions were
incompatible with the Constitution and with Latvia’s international
undertakings. On 25 July 2002 the commission registered both lists.
49. By a decision of 7 August 2002, the Central Electoral Commission,
referring to the Civil Division’s judgment of 15 December 1999, removed
the applicant from its list. In addition, having noted that the applicant had
been the only candidate on the “Party of National Harmony” list and that,
following her removal, there were no other names, the commission decided
to cancel the registration of that list.
50. At the elections of 5 October 2002, the PCTVL alliance’s list
obtained 18.94% of the votes and won twenty-five seats in Parliament.