4
ŽDANOKA v. LATVIA JUDGMENT
asserting the need to construct a new society based, inter alia, on Latvian
identity and values, and emphasising the need to restore State independence.
16. The first independent elections under the Soviet regime took place
on Latvian territory in March 1990. The applicant was elected to the
Supreme Council (Augstākā Padome) of the Latvian SSR as a
representative for the Pļavnieki constituency in Riga. She subsequently
joined the CPL’s local branch. In April 1990 this branch selected her to
attend the CPL’s 25th Congress, where she was elected to the party’s
Central Committee for Supervision and Audit. According to copies of that
committee’s minutes, the applicant was a member of a sub-committee
responsible for supervising the implementation of decisions and activities
arising from the CPL programme.
17. At the same congress, a group of delegates expressed their
disagreement with the CPL’s general policy, which remained loyal to the
Soviet Union and the CPSU. According to those delegates, the CPL was
opposed to any democratisation of public life and sought to maintain the
status quo of the Soviet rule. These delegates publicly announced their
withdrawal from the CPL and established a new party, the “Independent
Communist Party of Latvia”, which immediately declared its support for
Latvian independence and for a multi-party political system. The applicant
did not join the dissident delegates and remained with the CPL.
2. Latvia’s Declaration of Independence
18. On 4 May 1990 the Supreme Council adopted a Declaration on the
Restoration of the Independence of the Republic of Latvia, which declared
Latvia’s incorporation into the USSR unlawful and void and restored legal
force to the fundamental provisions of the Latvian Constitution (Satversme)
of 1922. However, paragraph 5 of the Declaration introduced a transition
period, aimed at a gradual restoration of genuine State sovereignty as each
institutional tie with the USSR was severed. During that transition period,
various provisions of the Constitution of the Latvian SSR would remain in
force. A special governmental commission was given responsibility for
negotiating with the Soviet Union on the basis of the Russo-Latvian Peace
Treaty of 11 August 1920.
The above-mentioned Declaration was adopted by 139 out of a total of
201 Supreme Council members, with one abstention. Fifty-seven members
of the Līdztiesība parliamentary bloc (“Equal Rights”, in fact the CPL
group), including the applicant, did not vote. On the same day, 4 May 1990,
the Central Committee of the CPL adopted a resolution strongly criticising
the Declaration and calling on the President of the Soviet Union to
intervene.
19. On 7 May 1990 the Supreme Council approved the government of
the independent Republic of Latvia.