14
ŽDANOKA v. LATVIA JUDGMENT
by the supreme governing and administrative authorities of the Republic of Latvia
shall be in force in its territory;
(4) this constitutional law shall enter into force on the date of its enactment.”
B. The status of the CPSU and the CPL
54. The role of the CPSU in the former Soviet Union was defined in
Article 6 of the Constitution of the USSR (1977) and in Article 6 of the
Constitution of the Latvian SSR (1978), which were worded along identical
lines. Those provisions stated:
“The leading and guiding force of Soviet society and the nucleus of its political
system and of all State organisations and public organisations is the Communist Party
of the Soviet Union. The CPSU exists for the people and serves the people.
The Communist Party, armed with Marxism-Leninism, determines the general
perspectives of the development of society and the course of the USSR’s domestic
and foreign policy, directs the great constructive work of the Soviet people, and
imparts a planned, systematic and theoretically substantiated character to their
struggle for the victory of communism.
All party organisations shall function within the framework of the Constitution of
the USSR.”
55. The Supreme Council’s decision of 24 August 1991 on the
suspension of the activities of certain non-governmental and political
organisations was worded as follows:
“On 20 August 1991 the Internationalist Front of Workers of the Latvian SSR, the
United Council of Labour Collectives, the Republican Council of War and Labour
Veterans, the Central Committee of the Communist Party of Latvia and the Central
Committee of the Latvian Union of Communist Youth issued a proclamation
informing the Republic’s population that a state of emergency had been decreed in
Latvia and encouraging all private individuals to oppose those who did not submit to
the orders of the National State of Emergency Committee. In so doing, the abovementioned organisations ... declared their support for the organisers of the coup d’état
and encouraged other individuals to do the same.
The actions of those organisations are contrary to Articles 4, 6 and 49 of the Latvian
Constitution, which state that Latvian citizens are entitled to form parties and other
associations only if their objectives and practical activities are not aimed at the violent
transformation or overthrow of the existing constitutional order ... and that
associations must observe the Constitution and legislation and act in accordance with
their provisions.
The Supreme Council of the Republic of Latvia decrees:
1. The activities of the Communist Party of Latvia [and of the other abovementioned organisations] are hereby suspended ...”