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ŽDANOKA v. LATVIA JUDGMENT
political rights in a manner prejudicial to the security of the State or the
foundations of a democratic society” (see X v. Belgium, p. 253).
110. In the case of Van Wambeke v. Belgium (no. 16692/90,
Commission decision of 12 April 1991, unreported), the Commission
declared inadmissible, on the same grounds, an application from a former
member of the Waffen-SS, convicted of treason in 1945, who complained
that he had been unable to take part in the elections to the European
Parliament in 1989. In the case of Glimmerveen and Hagenbeek v. the
Netherlands (nos. 8348/78 and 8406/78, Commission decision of
11 October 1979, DR 18, p. 187), the Commission declared inadmissible
two applications concerning the refusal to allow the applicants, who were
the leaders of a proscribed organisation with racist and xenophobic
tendencies, to stand for election. On that occasion, the Commission referred
to Article 17 of the Convention, noting that the applicants “intended to
participate in these elections and to avail themselves of the right
[concerned] for a purpose which the Commission [had] found to be
unacceptable under Article 17” (ibid., p. 197). In that case it was also
underlined that the standard of tolerance does not prevent a democratic
society from taking steps to protect itself against activities intended to
destroy the rights or freedoms set forth in the Convention. Article 3 of
Protocol No. 1, which enshrines the individual’s capacity to influence the
composition of the law-making power, does not therefore exclude that
restrictions on electoral rights are imposed on an individual who has, for
example, seriously abused a public position or whose conduct threatened to
undermine the rule of law or democratic foundations.
111. In the context of employment restrictions imposed on public
officials on political grounds, the Court has held that Article 10 of the
Convention may apply in connection with their dismissal. A violation of
Article 10 was found in this respect in Vogt (cited above, §§ 43-44), where
the applicant was dismissed as a civil servant in relation to her specific
activities as a member of the Communist Party in West Germany. However,
in Volkmer v. Germany ((dec.), no. 39799/98, 22 November 2001) and
Petersen v. Germany ((dec.), no. 39793/98, ECHR 2001-XII), the Court
declared inadmissible as unsubstantiated the applicant civil servants��
complaints under Article 10 about their dismissal on account of their
collaboration with the regime and secret services of the former German
Democratic Republic. In the case of Sidabras and Džiautas v. Lithuania
(nos. 55480/00 and 59330/00, §§ 51-62, ECHR 2004-VIII), the Court found
a violation of Article 14 taken in conjunction with Article 8 as regards the
existence of wide-ranging restrictions 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. At the same time, it is to be noted that those
applicants’ dismissal from their positions as, respectively, a tax inspector