SAVICKIS AND OTHERS v. LATVIA JUDGMENT
(see paragraph 133 above). In the present case, the Constitutional Court did
not regard the third applicant’s failure to pursue the administrative
proceedings as an obstacle for the institution of proceedings, as the applicant
had “substantiated that he could not protect his rights via the general
remedies” (see paragraph 48 above). Therefore, with respect to this aspect of
his complaint, the Court considers that the third applicant has to be deemed
to have exhausted the domestic remedies.
144. The Court further notes that a retirement pension which excluded the
compulsory military service period was granted to the third applicant during
the constitutional proceedings. The case file contains no information as to
whether any supplementary observations were put before the Constitutional
Court to that effect. However, it is obvious that the Constitutional Court made
no distinction between the question of granting the early retirement pension
to the third applicant and the refusal to include certain periods in the
calculations in respect of the retirement pension of the other applicants.
Instead, it analysed the constitutionality of the legal provision, which
provides that with respect to “permanently resident non-citizens” certain
employment and equivalent periods are not included in the calculation of their
“insurance period” as defined by Latvian law. Thus, on its substance, the
judgment of the Constitutional Court covered both aspects of the third
applicant’s complaint. Furthermore, after the delivery of the Constitutional
Court’s judgment, this remedy was no longer available to the applicant, as
this claim had already been adjudicated.
145. In these circumstances, the Court concludes that the third applicant
cannot be blamed for not exhausting the domestic remedies, as required by
Article 35 § 1 of the Convention. It therefore dismisses the respondent
Government’s objection on this point.
(c) The fourth applicant
(i) The parties’ arguments
146. The respondent Government argued that with respect to the fourth
applicant’s employment period in Belarus, a retirement pension had been
granted by Belarus prior to the lodging of the present application.
Additionally, also prior to the lodging of the present application, the fourth
applicant’s pension had been recalculated on the basis of the Latvia-Russia
Social Security Agreement, in order to include the employment periods
accrued in the territory of Russia. As the fourth applicant had withheld this
information from the Court, she had manifestly abused the right of individual
application within the meaning of Article 35 § 3 (a) of the Convention. She
could also no longer claim to be a victim with respect to those periods.
147. Concerning the alleged employment periods in Germany and the
period spent on maternity leave, the respondent Government argued that the
51