38
ŽDANOKA v. LATVIA JUDGMENT
same way as it pertains to other State officials, given that the former cannot
be “politically neutral” by definition.
118. The Court further finds that the impugned restriction pursued aims
compatible with the principle of the rule of law and the general objectives of
the Convention, namely the protection of the State’s independence,
democratic order and national security.
119. It remains to be established whether the restriction was
proportionate. It is to be observed in this connection that Latvia, along with
the other Baltic States, lost its independence in 1940 in the aftermath of the
partition of central and eastern Europe agreed by Hitler’s Germany and
Stalin’s Soviet Union by way of the secret protocol to the MolotovRibbentrop Pact, an agreement contrary to the generally recognised
principles of international law. The ensuing annexation of Latvia by the
Soviet Union was orchestrated and conducted under the authority of the
Communist Party of the Soviet Union (CPSU), the Communist Party of
Latvia (CPL) being a satellite branch of the CPSU. In the late 1980s, a
feeling of discontent with the Soviet regime among the Latvian population
led to a movement in favour of State independence and democratisation of
the political system, which was confirmed by the results of a national
plebiscite.
120. In March 1990, the newly elected parliament (the Supreme
Council) adopted a declaration re-establishing Latvia’s independence. As
the Court has observed (see paragraphs 96-97 above), it sees nothing
arbitrary in the domestic courts’ findings that the unsuccessful attempted
coups in the Baltic States in January 1991 and then in August 1991 were
organised and conducted under the direction of the CPSU and its regional
branches, including the CPL. The applicant referred to the CPL’s official
programme in order to exonerate the party from any responsibility for the
events of 1991. In her opinion, the programme showed that this organisation
had chosen the path to democratisation since 1990. However, the intentions
of a party must be judged, above all, by the actions of its leaders and
members rather than by its official slogans.
121. The impugned restriction introduced by the Latvian legislature by
way of section 5(6) of the 1995 Act, precluding persons from standing for
Parliament where they had “actively participated��� in the activities of the
CPL between 13 January 1991 and the date of that party’s dissolution in
September 1991, must be assessed with due regard to this very special
historico-political context and the resultant wide margin of appreciation
enjoyed by the State in this respect (see paragraph 115 (c) above).
122. The parties disagree as to whether the impugned restriction
constituted a preventive or punitive measure. In the Court’s opinion, what
was at the heart of the impugned legislation was not an intention to punish
those who had been active in the CPL. Rather, it was to protect the integrity
of the democratic process by excluding from participation in the work of a