SAVICKIS AND OTHERS v. LATVIA JUDGMENT
Security Council Resolution 276 (1970), [1971], ICJ Reports 16, p. 56), as
well as to the Court’s own judgments in the cases of Cyprus v. Turkey [GC]
(no. 25781/94, ECHR 2001-IV); Catan and Others v. the Republic of
Moldova and Russia [GC] (nos. 43370/04 and 2 others, ECHR 2012
(extracts)); and Ukraine v. Russia (re Crimea) [GC] (dec.) (nos. 20958/14
and 38334/18, 16 December 2020). Since Latvia did not exercise such
effective control or jurisdiction, no obligation in the field of social security
for the disputed years could fall on this State. To conclude otherwise would
lead to a manifestly unreasonable interpretation of the Convention, that is,
directly deriving a legal benefit from an illegal act, in violation of the legal
maxim “ex injuria ius non oritur”.
(b) The applicants
100. The applicants considered that the State continuity doctrine was not
relevant for the purposes of the present case. Although the Republic of Latvia
was indeed not directly responsible for the actions of the former Soviet
Union, it could not simply ignore the de facto interruption of its statehood for
fifty years. Moreover, Latvia was required to fulfil obligations in the field of
fundamental rights that it had undertaken both at the domestic level and by
ratifying the Convention. Even if Latvia was not a successor State to the
USSR, it had expressly assumed responsibility for former Soviet citizens who
settled in that country during the Soviet period. In this regard, the applicants
referred to the Declaration of 4 May 1990 on the Restoration of Independence
of the Republic of Latvia, in which Latvia expressly took the commitment “to
guarantee social, economic and cultural rights ... to citizens of the USSR who
wish to live in Latvia without acquiring Latvian nationality” (see paragraph
61 above). The applicants therefore invited the Court to reaffirm its finding
in the Andrejeva judgment according to which the respondent Government’s
reference to the State continuity doctrine is “misconceived” (ibid., § 78).
2. Submissions of the third-party intervener
101. The Russian Government stated that, during the period in question,
Latvia had been a full-fledged part of the Soviet Union. They submitted that
the terms “Soviet occupation”, “Sovietisation” and “Russification” were
controversial and extra-legal categories which could not justify the
application of discriminatory provisions thirty years after Latvia had become
independent.
3. The Court’s assessment
102. The Court points out that its jurisdiction is delineated by Article 19
of the Convention, according to which its sole duty is “[t]o ensure the
observance of the engagements undertaken by the High Contracting Parties
in the Convention and the Protocols thereto”. Accordingly, the Court is not
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