CCPR/C/72/D/884/1999
page 5
and based on objective criteria, which are set forth in the regulations on the certification of
proficiency in the State language. The State party says that, according to those regulations,
level 3 proficiency in the State language is required for several categories of persons, including
elected representatives. The highest level (level 3) shows an ability to speak the official
language fluently, to understand texts chosen at random and to draft texts in the official
language, in connection with his or her official duties.
4.4
The State party goes on to say that, as regards the plaintiff’s real proficiency in the State
language, there is extensive information provided in the court ruling, which states that, if there
are complaints about proficiency in the State language, an examination is carried out in order to
establish whether the real language proficiency corresponds to the level attested by the
certificate. In this particular case, the State party claims that complaints had been received by
the Ministry of Education and Science concerning the plaintiff’s proficiency in Latvian, although
it does not elaborate further or provide any evidence. On 5 February 1997, an examination was
carried out which showed that her language proficiency did not meet the requirements of level 3.
The Court subsequently referred to the material evidence (a copy of the examination, with the
corrections) that the SLB had provided in support of the results of the examination concerning
Ms. Ignatane’s proficiency in Latvian.
4.5
The examination results served as a basis for barring the plaintiff from the list of
candidates for the elections, in accordance with the law. The legality of the act had subsequently
been confirmed by the Supreme Court and the Public Prosecutor’s Office.
4.6
Regarding the alleged contradiction between the author’s certificate and the SLB’s
conclusions, the State party notes that the SLB’s conclusions relate only to the issue of the
candidate’s eligibility and in no way either imply the automatic invalidation of the certificate or
may be used as a basis for revising its appropriateness, unless the holder of the certificate so
wishes.
4.7
The State party argues that the author could have taken two further measures. In the first
place, Ms. Ignatane could have asked for another language examination, as the SLB indicated
during the hearings. The purpose of such an examination would have been to verify the
appropriateness of the certificate held by Ms. Ignatane. Secondly, the author could have taken
legal action on the basis of the discrepancy between her certificate and the SLB’s conclusions
with regard to her electoral qualification, which would have led the Court to order another
examination in order to verify the appropriateness of the certificate.
4.8
Since none of these possibilities was used by the author, the State party argues that not all
domestic remedies have been exhausted. The State party also dismisses the allegation of
discrimination against the author on the basis of her political convictions, since all the other
members of the same list were accepted as candidates in the elections.
Author’s comments on the State party’s observations
5.1
In comments dated 22 September 2000, counsel addresses the State party’s argument that
Ms. Ignatane did not challenge the conclusions of the State Language Board that she did not
have the highest level of proficiency in Latvian, but challenged the legality of the Election