ECHR recognizes ex-EP deputy Tatiana Zhdanok's exclusion from the 2018 elections in Latvia as justified

The European Court of Human Rights (ECHR) has ruled on the case “Zhdanok v. Latvia” related to the exclusion of the politician from the list of candidates for the Latvian Saeima in the 2018 elections, Baltia portal reports. Latvia's Central Election Commission (CEC) excluded Zhdanok from the list, fearing that her affiliation with the Communist Party after January 13, 1991 could undermine the country's independence.

Zhdanok appealed to the ECtHR, claiming violations of her rights to freedom of expression, freedom of assembly and association, and the prohibition of abuse of rights under Articles 10, 11 and 17 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as Article 3 of Protocol No. 1 to the Convention, concerning the right to free elections.

The ECtHR recognized that there were no violations of the right to free elections and rejected the arguments on the remaining articles as unjustified. The court found the ban “necessary and proportionate” given “Latvia's geopolitical situation and history”.

The decision was a repeat of a court case that took place 20 years ago, when Zhdanok also appealed to the ECHR after she was excluded from the list of candidates for the 8th Saeima and her mandate as a Riga City Council deputy was canceled. At that time, the court ordered Latvia to pay compensation in the amount of 1,250 lats for the salary not received in the Riga City Council, as well as 10,000 euros in moral damages and court costs.