European Court of Human Rights announces judgement in case of Zdanoka v. Latvia [17 Jun 2004]

On 17 June 2004, the European Court of Human Rights announced its judgement in the case of Zdanoka v. Latvia. By five votes to two, the Court recognized a violation of Article 3 of Protocol No. 1 to the European Convention on Human Rights (right to free elections), and a violation of Article 11 of the Convention (freedom of assembly and association). The Court held it unnecessary to examine separately a complaint under Article 10 of the Convention (freedom of expression).

The Court awarded the applicant LVL 2,236.50 (approx. EUR 3,421) for pecuniary damage, EUR 10,000 for non-pecuniary damage and EUR 10,000 for costs and expenses. The sums that Ms Zdanoka had intended to exact from Latvia were EUR 75,000, approx. EUR 3,421, and approx. EUR 26,136 respectively. 

Pursuant to Article 43 of the Convention, the Parties have the right to appeal to the Court and ask that the case be forwarded to the Grand Chamber composed of 17 judges. In the event this appeal is satisfied, it will first be reviewed by the Grand Chamber panel, who will decide whether this case concerns significant issues in the Convention or the interpretation of its protocols, or whether it concerns an issue of general importance, in which case it does not fall under the jurisdiction of the Grand Chamber. The panel may accept the case for referral at the Grand Chamber or reject it.

Tatjana Zdanoka filed the complaint with the ECHR in 2000. She claimed that the prohibition imposed on her to stand for the parliamentary elections, which was based on the statement of a legal fact about her membership of the Latvian SSR Communist Party after 13 January 1991 (in accordance with Article 5 Paragraph 6 of the Law on the Saeima Elections), is a breach of her rights to stand for the parliamentary elections and a breach of her freedom of expression and freedom of assembly and association.

For a more detailed review of the judgement, visit the Court's website at: http://www.echr.coe.int/Eng/Press/2004/June/ChamberJudgmentZdanokavLatvia.htm

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