SISOJEVA AND OTHERS v. LATVIA JUDGMENT
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Department to enter them in the register of residents as permanent residents.
In a judgment delivered on 28 October 2003, which was upheld on
8 December 1993 following an appeal on points of law, the court allowed
their application. It considered that, under the legislation in force, the
situation of the second applicant, who had left the army before 4 May 1990
– the date on which Latvia had declared its independence – could not be
equated with that of a non-Latvian serviceman temporarily present on
Latvian soil, who would be entitled only to a temporary residence permit.
The Department subsequently entered all the applicants in the register of
residents.
B. The second set of proceedings, relating to withdrawal of the
applicants' residence permits
21. In the meantime, in January 1992, the first two applicants had each
obtained two former Soviet passports and had therefore been able to have
their place of residence registered in Izhevsk (Russia) despite already
having a registered place of residence in Latvia (pieraksts or dzīvesvietas
reģistrācija). The Department discovered this fact only in 1995.
22. In two decisions dated 3 November and 1 December 1995 the
Alūksne police decided not to institute criminal proceedings against the
applicants for using false identity papers. However, the Department
imposed an administrative penalty of 25 lati (LVL) (approximately 40 euros
(EUR)) on them for breach of the passport regulations. The Department also
applied to the Alūksne District Court of First Instance to have the
proceedings reopened to consider new facts, alleging fraudulent behaviour
on the part of the first two applicants. The Department also noted that the
third applicant had followed the example of her parents and sister in 1995,
obtaining two passports and having her place of residence registered in both
Russia and Latvia.
23. In an order of 28 May 1996 the Alūksne District Court of First
Instance, ruling on the application for the proceedings to be reopened,
allowed the Department's application, quashed its own judgment of
28 October 1993 and ordered the removal of the applicants' names from the
register of residents. The first two applicants appealed to the Vidzeme
Regional Court which, in an order dated 3 June 1997, quashed the decision
in question and referred the case back to the Alūksne Court of First
Instance.
24. In 1996 the second and third applicants applied for and obtained
Russian nationality. On 8 August 1996 the Russian Embassy in Latvia
issued them with passports of the Russian Federation.
In March 1998 the third applicant, by now an adult, was joined as a party
to the proceedings before the Alūksne Court of First Instance.