26
ŽDANOKA v. LATVIA JUDGMENT
established by the Latvian judicial and parliamentary authorities, confirming
the CPL’s responsibility for the unconstitutional attempted coups between
January and August 1991 (see paragraphs 20-29, 32, 37-44 and 54-55
above). The Government emphasised that the applicant had been fully
aware of the scale of the events, but she had nevertheless chosen to remain a
CPL activist rather than dissociate herself from that organisation’s clearly
subversive activities.
85. The Government acknowledged that a national parliament was not
part of the “civil service” in the same way as the police or the armed forces.
However, they emphasised that Parliament was a public institution and, in
enacting legislation, MPs were participating directly in the exercise of
powers conferred on them by the Constitution and other laws.
Consequently, the criteria identified by the Court under Articles 10 and 11
of the Convention with regard to restrictions on the political activity of civil
servants were applicable by analogy to candidates for parliamentary office
as well as elected representatives. The Government therefore disagreed with
the Chamber’s finding that the criteria of political loyalty had no relevance
to the right to stand as a candidate for election.
86. With regard to the aim pursued by the impugned restriction, the
Government observed that the disqualification from standing for election
applied to those persons who had been active within organisations which,
following the declaration of Latvia’s independence, had openly turned
against the new democratic order and had actively sought to restore the
former totalitarian communist regime. It was therefore necessary to exclude
those persons from exercising legislative authority. Having failed to respect
democratic principles in the past, there was no guarantee that they would
now comply with such principles. Relying on Ahmed and Others v. the
United Kingdom (2 September 1998, § 52, Reports 1998-VI), the
Government argued that the disputed disqualification was preventative in
nature and did not require proof of actual dangerous or undemocratic
actions on the part of those persons. The Government therefore disagreed
with the Chamber’s finding on the allegedly punitive nature of the
impugned restriction.
87. With reference to Rekvényi (cited above, § 41), the Government
underlined that the principle of a “democracy capable of defending itself”
was compatible with the Convention, especially in the context of the postcommunist societies of central and eastern Europe.
88. Furthermore, Vogt (cited above) could not be relied on in support of
the applicant’s submissions. Mrs Vogt’s activities within the German
Communist Party had been legal activities within a legal organisation. In
contrast, in the present case the enactment on 4 May 1990 of the Declaration
of Independence had created a new constitutional order for Latvia, of which
that Declaration had become the basis. Accordingly, during the period from
4 May 1990 to 6 June 1993, the date on which the 1922 Constitution was