CCPR/C/72/D/884/1999
page 9
Examination of the merits
7.1
The Human Rights Committee has considered the present communication in the light
of all the information submitted to it in writing by the parties, in accordance with article 5,
paragraph 1, of the Optional Protocol.
7.2
The issue before the Committee is whether the rights of the author under articles 2 and 25
were violated by not allowing her to stand as candidate for the local elections held in March
1997.
7.3
According to the State party participation in public affairs requires a high level of
proficiency in the State language and a language requirement for standing as a candidate in
elections is hence reasonable and objective. The Committee notes that article 25 secures to every
citizen the right and the opportunity to be elected at genuine periodic elections without any of the
distinctions mentioned in article 2, including language.
7.4
The Committee notes that, in this case, the decision of a single inspector, taken a few days
before the elections and contradicting a language aptitude certificate issued some years earlier,
for an unlimited period, by a board of Latvian language specialists, was enough for the Election
Commission to decide to strike the author off the list of candidates for the municipal elections.
The Committee notes that the State party does not contest the validity of the certificate as it
relates to the author’s professional position, but argues on the basis of the results of the
inspector’s review in the matter of the author’s eligibility. The Committee also notes that the
State party has not contested counsel’s argument that Latvian law does not provide for separate
levels of proficiency in the official language in order to stand for election, but applies the
standards and certification used in other instances. The results of the review led to the author’s
being prevented from exercising her right to participate in public life in conformity with
article 25 of the Covenant. The Committee notes that the first examination, in 1993, was
conducted in accordance with formal requirements and was assessed by five experts, whereas
the 1997 review was conducted in an ad hoc manner and assessed by a single individual. The
annulment of the author’s candidacy pursuant to a review that was not based on objective criteria
and which the State party has not demonstrated to be procedurally correct is not compatible with
the State party’s obligations under article 25 of the Covenant.
7.5
The Committee concludes that Mrs. Ignatane has suffered specific injury in being
prevented from standing for the local elections in the city of Riga in 1997, because of having
been struck off the list of candidates on the basis of insufficient proficiency in the official
language. The Human Rights Committee considers that the author is a victim of a violation of
article 25, in conjunction with article 2 of the Covenant
8.
In accordance with article 2, paragraph 3 (a), of the Covenant, the State party is under an
obligation to provide Ms. Ignatane with an effective remedy. It is also under an obligation to
take steps to prevent similar violations occurring in the future.
9.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party has
recognized the competence of the Committee to determine whether there has been a violation
of the Covenant or not and that, pursuant to article 2 of the Covenant, the State party has