ŽDANOKA v. LATVIA JUDGMENT
41
not she had done anything which would justify holding her personally
responsible for the CPL’s activities at the material time in 1991, or to
reassess the actual danger to the democratic process which might have
arisen by allowing her to run for election in view of her past or present
conduct (see, by way of contrast, paragraph 75 above).
129. Furthermore, it is not of central importance, for the purpose of
justifying the applicant’s inability to run for the national parliament, that she
was never prosecuted for a criminal offence and was not one of the fifteen
members of parliament who were stripped of their seats (see paragraphs 29
and 75 above). On the contrary, by choosing to bring a criminal prosecution
only against the two former leaders of the CPL (see paragraph 32 above)
and imposing more lenient restrictions on the political rights of other CPL
activists such as the applicant, the Latvian authorities demonstrated a certain
flexibility towards the latter group of persons.
130. Moreover, the Court considers irrelevant the question whether the
CPL should be regarded as a legal or an illegal organisation during the
period after 13 January 1991, given that the subversive nature of its
activities was obvious at least from that date (see paragraphs 96, 97 and 120
above). It is clear that the applicant chose to support the CPL’s antidemocratic stance, and her silence in the face of the events at the material
time was just as telling as any overt action in support of the CPL’s activities
(see paragraphs 123-24 above).
131. Finally, the fact that the impugned statutory measure was not
introduced by Parliament immediately after the restoration of Latvian
independence does not appear in this case to be crucial, any more than it
was in Rekvényi (cited above), where the provision excluding police officers
from political activities became effective almost four years after Hungary’s
transition to a democratic system. It is not surprising that a newly
established democratic legislature should need time for reflection in a period
of political turmoil to enable it to consider what measures were required to
sustain its achievements. This is all the more so in the case of Latvia, where
troops of a foreign country, Russia, remained until 1994 (see Slivenko v.
Latvia [GC], no. 48321/99, ECHR 2003-X). Furthermore, the fact that the
Latvian parliament enacted the statutory measure only in 1995 cannot be
equated with the much more far-reaching restriction of personal rights
barring former KGB officers in Lithuania from access to various spheres of
employment in the private sector, which were introduced almost a decade
after the re-establishment of Lithuanian independence, and which were
considered, partly for this reason, disproportionate from the point of view of
the Convention (see Sidabras and Džiautas, cited above, ibid.). It cannot
therefore be concluded that the fact of Latvia having introduced the measure
only in 1995 showed that the State itself did not deem such a restriction to
be necessary to protect the democratic process in the country.