SAVICKIS AND OTHERS v. LATVIA JUDGMENT
concerned the inclusion of the employment periods accrued in the territory of
the former USSR but had not mentioned the periods of compulsory military
service. Furthermore, the applicant had not submitted to the domestic
authorities any documents allowing them to establish the country where that
service had been carried out. Accordingly, in so far as it concerned the
exclusion of the compulsory military service, the second applicant’s
complaint should be rejected for non-exhaustion of domestic remedies or as
manifestly ill-founded.
139. The applicants responded that there were no effective domestic
remedies with respect to the periods of compulsory military service. As
Latvian citizens had only to prove the fact of service, they could obtain the
inclusion of those periods by showing their employment record and their
military identity card. Those documents indicated the territory from where
the person had been conscripted but not the location where the compulsory
military service had been served. In contrast, a “permanently resident
non-citizen” was required to prove the exact location of the military service.
For that purpose, he was required to contact the archives of the respective
foreign armed forces, for a fee, without necessarily having the corresponding
linguistic abilities and with no certainty that such data were available.
(ii) The Court’s assessment
140. The Court notes at the outset that the respondent Government
themselves have asserted the ineffectiveness of the reopening requests
brought by the applicants before the administrative courts for the purposes of
Article 35 § 1 of the Convention (see paragraph 124 above). That being so,
the Government’s assertion that the applicants should have raised a particular
point of fact by way of that same procedure seems unsustainable. In any
event, the Court reiterates that non-exhaustion of domestic remedies cannot
be held against an applicant if, in spite of the latter’s alleged failure to observe
the forms prescribed by law, the competent authority has nevertheless
examined the substance of the exact claim that he or she is bringing before
the Court (see Vladimir Romanov v. Russia, no. 41461/02, § 52, 24 July 2008,
and Ulemek v. Croatia, no. 21613/16, § 77, 31 October 2019). In the present
case, it appears that the Constitutional Court had declared the second
applicant’s constitutional complaint procedurally admissible in its entirety
and examined it with regard to all the disputed periods, without distinguishing
between them (see paragraph 51 above). In these circumstances, the applicant
cannot be blamed for not exhausting the domestic remedies, and the
respondent Government’s objection must be dismissed.
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