SAVICKIS AND OTHERS v. LATVIA JUDGMENT 86. The relevant parts of Resolution 872(1987) of the Parliamentary Assembly of the Council of Europe, entitled “Situation of the Baltic peoples”, adopted on 28 January 1987, read as follows: “The Assembly, ... 3. Recalling that the incorporation of the three Baltic states into the Soviet Union was and still is a flagrant violation of the right to self-determination of peoples, and that it remains unrecognised by the great majority of European states and many members of the international community; 4. Considering that the elimination of the international problems created by this incorporation demands solutions on the basis of the international obligations entered into by the Soviet Union and other members of the international community; ... 6. Deploring the fact that, as a result of forced immigration into their area, the Baltic peoples are brought under pressure to assimilate, and that the lack of possibilities for education and cultural expression of their own is leading towards the loss of national identity; ... 12. Appeals to the Government of the Soviet Union to respect the right to self-determination and the human rights in the Baltic states; 13. Invites the governments of member states of the Council of Europe at the CSCE Conference in Vienna and, if need be, at further CSCE meetings to draw the attention of participating states to the serious violations of human rights and the right to self-determination in the three Baltic states.” B. The European Commission against Racism and Intolerance (ECRI) 87. On 9 December 2011 the European Commission against Racism and Intolerance (ECRI) during the fourth monitoring cycle adopted a report on Latvia, which includes an assessment of the situation following the adoption of the Andrejeva judgment (emphasis as in the original): “129. ECRI would also like to express its concern in connection with certain measures taken by the Latvian authorities further to the [Court’s] judgment in Andrejeva v. Latvia ... ECRI was informed that further to this judgment, the authorities submitted amendments to the State Pensions Act which “levelled down” the pension entitlements for both citizens and “non-citizens”, thus treating citizens less favourably than before. These amendments are still pending. ECRI once again stresses the negative impact that the amendments, should they be adopted, may have on interethnic relations. 130. ECRI notes that in February 2011, the Constitutional Court declared that the provision of the State Pensions Act that was of issue in Andrejeva v. Latvia was not in breach of the Latvian Constitution. The court rejected the claims of the applicants (similar to those of Andrejeva) on grounds that Ms Andrejeva’s case was exceptional for she was physically working in the territory of Latvia. ECRI observes that the 30

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