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

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