SAVICKIS AND OTHERS v. LATVIA JUDGMENT
Furthermore, while before the Court the Government tried to distinguish the
two cases on the basis of residence, such a distinction had not been made
under domestic law. Even now only work carried out for local Latvian
enterprises was regarded as “employment in Latvia”.
161. The applicants also submitted that their situation with respect to
bilateral agreements was very similar to that of Ms Andrejeva. The
Agreement between the Republic of Latvia and Ukraine regarding
Cooperation within the Field of Social Security had taken effect prior to
Ms Andrejeva bringing her case before the Court, and her pension had been
recalculated ex nunc; on the other hand, the agreement with Russia had not
entered into force before her death. In Andrejeva, the Government’s objection
concerning victim status had been raised belatedly; however, the Court had
expressed its position concerning the bilateral agreements by stating that a
Contracting State could not be absolved of its responsibility under the
Convention on the ground that it was not bound by some type of inter-State
treaties (ibid., § 90).
162. In particular, two bilateral agreements (with Belarus and Russia) had
entered into force over the course of the domestic proceedings and prior to
the present case being brought. Recalculations had been made for certain of
the applicants; however, they had only been made ex nunc, as none of the
agreements allowed for retrospective payments. Furthermore, employment
periods and equivalent periods accrued in other territories of the former
Soviet Union remained excluded from the calculation. According to the
applicants, the partial inclusion of certain periods in the calculation of their
retirement pensions could only have relevance for the calculation of the just
satisfaction award under Article 41 of the Convention.
163. The applicants also dismissed the respondent Government’s claim
that finding a violation would render the bilateral agreements on social
security devoid of purpose. That would only be the case if the aim of those
agreements had been to improve the situation of “permanently resident
non-citizens” only; however, their scope was much broader. In practice, those
agreements did improve the situation of some “permanently resident
non-citizens”, to a certain extent; however, such improvements were merely
collateral and could not be considered an effective means of eradicating the
violation of the Convention caused by the domestic legislation.
164. While the judgment in the above-cited Andrejeva case had concerned
only the employment periods accrued outside the territory of Latvia, the
applicants argued that the same principles also applied with regard to
equivalent periods. This was especially true in respect of compulsory military
service, as conscripts had been unable to choose the location of the
compulsory military service and were compelled to go where they were sent.
There had been no local or ethnic units in the Soviet army at the relevant time.
The applicants emphasised that the third applicant had been conscripted from
the territory of Latvia where he had lived since the age of three.
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