ŽDANOKA v. LATVIA JUDGMENT
61
their rights will be limited (see Khan v. the United Kingdom, no. 35394/97,
ECHR 2000-V).
On the other hand, we strongly believe that such restrictive measures
should be temporary in order to be proportionate. In this case the restriction
imposed on the applicant seems permanent in that it is of indefinite duration
and will continue until legislation putting an end to it is adopted. More than
ten years after its initial concerns, we cannot accept that the Latvian
parliament still believes that former CPL members are a threat to
democracy. And if this is so, if former members of the CPL were and still
are a real threat and danger to democracy, why has the parliament failed to
enact legislation providing for their permanent ineligibility?
We consider that the Latvian parliament should have decided to impose a
time-limit on these restrictions since such limitations on the right to free
elections, as we have already mentioned, should exist only for a specific
period, a period of vulnerability for a newly established regime. On that
basis, we believe that the ineligibility procedure introduced as a result of the
Constitutional Court’s interpretation was not sufficient, since it did not
allow the courts to assess whether a person represented a real threat and
danger to democracy. On the other hand, the very same Constitutional Court
in its judgment of 30 August 2000 urged the legislature to periodically reexamine the need to maintain the disputed measure.
Furthermore, the applicant had never been convicted of a criminal
offence, she was not one of the fifteen members of parliament who were
removed from their seats and there was no evidence that she herself had
committed any acts aimed at undermining the new regime.
Having regard to all the above, we strongly believe that the permanent
restrictions on standing for election to the Latvian parliament imposed on
the applicant on account of her former membership of the Communist Party
of Latvia violated her right to free elections.