ŽDANOKA v. LATVIA JUDGMENT
3
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
11. The applicant is a Latvian national who was born in 1950 and lives
in Riga. She is currently a member of the European Parliament.
A. The historical context and the background to the case
1. The Molotov-Ribbentrop Pact and the Soviet period
12. On 23 August 1939 the foreign ministers of Germany and the Union
of the Soviet Socialist Republics (USSR) signed a non-aggression treaty
(the Molotov-Ribbentrop Pact). The treaty included a secret additional
protocol, approved on 23 August 1939 and amended on 28 September 1939,
whereby Germany and the Soviet Union agreed to settle the map of their
“spheres of influence” in the event of a future “territorial and political
rearrangement” of the territories of the then independent countries of central
and eastern Europe, including the three Baltic States of Lithuania, Latvia
and Estonia. After Germany’s invasion of Poland on 1 September 1939 and
the subsequent start of the Second World War, the Soviet Union began
exerting considerable pressure on the governments of the Baltic States with
a view to taking control of those countries pursuant to the MolotovRibbentrop Pact and its additional protocol.
13. Following an ultimatum to allow an unlimited number of Soviet
troops to be stationed in the Baltic countries, on 16-17 June 1940 the Soviet
army invaded Latvia and the other two independent States. The government
of Latvia was removed from office, and a new government was formed
under the direction of the Communist Party of the Soviet Union (“the
CPSU”), the USSR’s only party. From 21 July to 3 August 1940 the Soviet
Union completed the annexation of Latvia, which became part of the USSR
under the name “Soviet Socialist Republic of Latvia” (“Latvian SSR”).
14. The applicant was born in Riga into a Russian-speaking family. In
1971 she joined the Communist Party of Latvia (“the CPL”) while studying
at the University of Latvia in Riga. The CPL was in fact a regional branch
of the CPSU. From 1972 to 1990 the applicant worked as a lecturer at the
University of Latvia. Throughout this period she was a member of the CPL.
15. In the late 1980s there was considerable social pressure in Latvia, as
in other east European countries, for the democratisation of political life. As
a result of the newly introduced freedom of expression in the territory of the
Soviet Union, mass political movements were formed in Latvia, as well as
in the other Baltic States, condemning the annexation of the country,