SAVICKIS AND OTHERS v. LATVIA JUDGMENT
The Court heard addresses by Ms Līce, Ms Nikuļceva, Mr Kuzmins and
Mr Galperin and the replies given by Ms Līce, Ms Nikuļceva and
Mr Kuzmins to questions put by judges.
THE FACTS
10. The applicants were born between 1938 and 1948 and live in various
cities of Latvia.
11. The facts of the case, as submitted by the parties, may be summarised
as follows.
I. THE GENERAL HISTORICAL BACKGROUND TO THE CASE
12. The historical background, namely the incorporation of the Baltic
States into the Soviet Union in 1940, has been described in the cases of
Ždanoka v. Latvia [GC] (no. 58278/00, §§ 12-13, ECHR 2006-IV); Kuolelis
and Others v. Lithuania (nos. 74357/01 and 2 others, § 8, 19 February 2008);
Vasiliauskas v. Lithuania [GC] (no. 35343/05, §§ 11-12, ECHR 2015); and
Sõro v. Estonia (no. 22588/08, § 6, 3 September 2015).
13. On 4 May 1990, the Supreme Council of the “Latvian Soviet Socialist
Republic” (“SSR”, one of the fifteen “Soviet Socialist Republics” of the
USSR), the legislative assembly elected on 18 March of the same year,
adopted the Declaration on the Restoration of Independence of the Republic
of Latvia, which declared Latvia’s incorporation into the USSR in 1940
unlawful under international law and acknowledged that the fundamental
provisions of the 1922 Constitution (Satversme) were still in force. A
transitional period, aimed at the restoration of de facto sovereignty, was
instituted. Negotiations with the USSR were to be initiated in accordance with
the 1920 Peace Treaty between Latvia and Russia. During this period, various
provisions of the Constitution of the Latvian SSR and other applicable legal
acts remained in force in so far as they did not contradict the fundamental
provisions of the 1922 Constitution (see paragraphs 60-61 below).
14. On 21 August 1991, the Supreme Council passed a constitutional law
proclaiming full independence with immediate effect (see paragraph 62
below). The transitional period established under the 4 May 1990 Declaration
on the Restoration of Independence was abolished.
15. On 8 December 1991, Belarus, the Russian Federation and Ukraine
signed the Minsk Agreement, declaring the end of the Soviet Union’s
existence and setting up the Commonwealth of Independent States (CIS).
16. On 21 December 1991, eleven sovereign States, former polities of the
USSR – but not Latvia, Lithuania, Estonia, and Georgia – signed the
Alma-Ata Declaration, which confirmed and extended the Minsk Agreement
setting up the CIS. It was noted in the Alma-Ata Declaration that “with the
establishment of the CIS, the USSR ha[d] cease[d] to exist” and that the CIS
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