ANDREJEVA v. LATVIA JUDGMENT
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Public Prosecutor’s Office Act assigns public prosecutors the general task
of protecting “the legitimate rights and interests of individuals” (see
paragraphs 40-41 above). However, that does not appear to invalidate the
principle that the chief function of the prosecuting authorities is to represent
the interests of society at large, which are not necessarily the same as those
of either of the parties to civil proceedings (see, mutatis mutandis,
Vermeulen v. Belgium, 20 February 1996, § 29, Reports 1996-I; Kress v.
France [GC], no. 39594/98, §§ 67-71, ECHR 2001-VI; and Gorou (no. 3),
cited above, § 22). In any event, it does not appear from the evidence before
the Court that under Latvian law, a public prosecutor acting in such a
manner may represent one of the parties or replace that party at the hearing.
101. The Court observes that in the case of Gorou v. Greece (no. 4)
(no. 9747/04, 11 January 2007) it declared as manifestly ill-founded the
applicant’s complaint under Article 6 § 1 of the Convention concerning the
refusal of the Court of Appeal to adjourn the hearing to enable her to attend.
However, the circumstances of that case were fundamentally different from
those of the present case: Ms Gorou was a civil party to criminal
proceedings instituted by the public prosecutor’s office and conducted in the
criminal courts, and the Court found that a civil party’s “rights regarding the
principles of equality of arms and of adversarial proceedings [were] not the
same as those of the defendant vis-à-vis the public prosecutor” (ibid., § 26).
In the instant case, however, Ms Andrejeva was a party to administrative
proceedings governed by the Civil Procedure Act and instituted at her
request. Accordingly, as the main protagonist in those proceedings she
should have been afforded the full range of safeguards deriving from the
adversarial principle.
102. To sum up, the Court concludes that the fact that the appeal on
points of law was lodged by the prosecution service in no way curtailed the
applicant’s right to be present at the hearing of her case, a right she was
unable to exercise despite having wished to do so. There has therefore been a
violation of Article 6 § 1 of the Convention.
IV. APPLICATION OF ARTICLES 41 AND 46 OF THE CONVENTION
103. The relevant parts of Articles 41 and 46 of the Convention provide:
Article 41
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”