CCPR/C/72/D/884/1999
page 3
Views under article 5, paragraph 4, of the Optional Protocol
1.1
The author of the communication is Ms. Antonina Ignatane, a Latvian citizen of Russian
origin and a teacher, born in Riga on 21 February 1943. She claims to be the victim of violations
of articles 2 and 25 of the International Covenant on Civil and Political Rights by Latvia. The
author is represented by counsel.
1.2
The International Covenant on Civil and Political Rights entered into force for Latvia
on 14 July 1992, and the Optional Protocol on 22 September 1994.
The facts as submitted by the author
2.1
At the time of the events in question, Ms. Ignatane was a teacher in Riga. In 1993, she
had appeared before a certification board to take a Latvian language test and had subsequently
been awarded a language aptitude certificate stating that she had level 3 proficiency (the highest
level).
2.2
In 1997, the author stood for local elections to be held on 9 March 1997, as a candidate of
the Movement of Social Justice and Equal Rights in Latvia list. On 11 February 1997, she was
struck off the list by decision of the Riga Election Commission, on the basis of an opinion issued
by the State Language Board (SLB) to the effect that she did not have the required proficiency in
the official language.
2.3
On 17 February 1997, the author filed a complaint with the Central District Court
concerning the Election Commission’s decision, which she considered illegal. The Court
transferred the case automatically to the Riga’s Circuit Court, which dismissed the case
on 25 February, with immediate effect.
2.4
On 4 March 1997, Ms. Ignatane filed a petition against the decision of 25 February with
the President of the Civil Division of the Latvian Supreme Court. In a letter dated 8 April 1997,
the Supreme Court refused to act on the petition.
2.5
The author had also filed a case with the Public Prosecutor’s Office on 4 March 1997.
Having considered the petition, the Public Prosecutor’s Office stated on 22 April 1997 that there
were no grounds to act on the complaint and that the decision in question had been taken with
due regard to the law and did not violate the International Covenant on Civil and Political Rights.
2.6
The author has submitted to the Committee a translation of articles 9, 17 and 22 of the
Law on Elections to Town Councils and Municipal Councils, of 13 January 1994. Article 9 of
the Law lists the categories of people who may not stand for local elections. According to
article 9, paragraph 7, no one who does not have level 3 (higher) proficiency in the State
language may stand for election. According to article 17, if anyone standing for election is not a
graduate of a school in which Latvian is the language of instruction, a copy of his or her
language aptitude certificate showing higher level (3) proficiency in the State language must be
attached to the “candidate’s application”. The author’s counsel has explained that the copy of
the certificate is required to enable SLB to check its authenticity, not its validity.