24
ŽDANOKA v. LATVIA JUDGMENT
whether they had been members of that party. Equally, the CPL could not
be accused of having attempted to overthrow the democratic regime. With
regard to the events of January 1991, the applicant repeated her own version
of events (see paragraphs 21 and 23-24 above). She submitted a copy of the
appeal by the CPL parliamentary group, published on 21 January 1991,
containing a denial that the party had been involved in organising the armed
incursions and deploring “political provocation ... misleading world
opinion”. In any event, the applicant herself had never been a member of the
Latvian Public Rescue Committee. As to the events of 19 August 1991, she
contended that there was evidence exculpating the CPL.
78. The applicant considered that the Republic of Latvia’s ambiguous
constitutional status during the period in question was an important factor to
be taken into consideration. In that connection, she noted that the
Declaration of Independence of 4 May 1990 had established a transition
period so that institutional links with the USSR could be gradually severed.
In reality, it had been a period of diarchy, during which Soviet and Latvian
constitutional and legislative texts, and even some Soviet and Latvian
institutions, coexisted and functioned in parallel throughout the national
territory. The applicant acknowledged that the Constitutional Law of
21 August 1991 had ended the transition period; however, it was impossible
to declare null and void the very existence of that period. Since the
legitimacy of the institutions which were then functioning on the territory of
Latvia was not clearly established, it was not correct to speak of a coup
d’état in the proper meaning of the term.
79. Nor could the CPL be criticised for having taken a pro-Soviet and
anti-independence stance during the transition period. While acknowledging
that the CPL and she herself had declared their firm support for a Latvia
which enjoyed greater sovereignty but remained an integral part of the
USSR, the applicant observed that, at the material time, there was a very
wide range of opinions on how the country should develop politically, even
among those members of parliament who supported independence in
principle. In addition, leaders of foreign States had also been divided on this
subject: some had been very sceptical about the liberation of the Baltic
States and had preferred to adopt an approach based on non-interference in
the Soviet Union’s internal affairs. In short, in supporting one of the
possible avenues for development, the CPL had in fact exercised its right to
pluralism of political opinions, a right which was inherent in a democratic
society.
80. The applicant considered ill-founded and unsubstantiated the
Government’s argument that to allow persons who had been members of the
CPL after 13 January 1991 to become members of the national parliament
would be likely to compromise national security. She pointed out that the
impugned restriction had not existed before 1995 and that, in the first
parliamentary elections following restoration of the 1922 Constitution, three