SAVICKIS AND OTHERS v. LATVIA JUDGMENT – SEPARATE OPINIONS
decades of occupation to the native Latvian population and the challenges
which ensued following the restoration of independence. The tragic events
unfolding in Europe at present highlight the existence of further possible
challenges ahead.
However, the fact remains that it was the Soviet Union, a State acting
through its organs, which was responsible for the immigration policy. In this
respect, it has not been contested by the respondent Government that Soviet
citizens at the time travelled all over the territory of the USSR, often not by
their own choice but as a result of compulsory job placement by the State
authorities. We see no reason why the applicants should be blamed for having
acted in conformity with the Soviet immigration policy.
The problem with the impugned difference in treatment between citizens
and permanently resident non-citizens is that it attributes the unlawful acts of
the Soviet Union to all former citizens of the Soviet Union who moved to
Latvia during its occupation, irrespective of the extent to which these
individuals personally bore responsibility for the fact that they settled in
Latvia.
In our opinion, it cannot therefore be assumed that all former Soviet
citizens, simply because of their nationality, had participated in unlawful acts
against Latvia (compare Ribać, cited above, §§ 63-64). The impugned
legislation amounts to considering that everyone who happened to be born as
a (non-Latvian) citizen of the former Soviet Union has certain “original sins”,
which may call for the denial of certain advantages granted to citizens of
Latvia. We find this assumption difficult to reconcile with the idea that
everyone has individual rights and individual responsibilities (see also
paragraph 6 of the dissenting opinion of Judge Seibert-Fohr et al.).
18. Secondly, the majority point to the fact that permanently resident
non-citizens “could obtain Latvian citizenship or choose another State with
which to establish legal ties” (see paragraph 215 of the present judgment).
They consider this “element of personal choice” of significance, “especially
in so far as privileges, entitlements and financial benefits are at stake” (ibid.).
For the majority, “the choice between remaining a ‘permanently resident
non-citizen’ and acceding to citizenship is largely a matter of personal
aspiration rather than an immutable situation, especially in the light of the
considerable time-frame available to the applicants to exercise that option”
(ibid.).
Without explicitly acknowledging it, the majority thus depart from the
simple but compelling logic of the Andrejeva judgment. There, the Court held
that “[it could not] accept the Government’s argument that it would be
sufficient for the applicant to become a naturalised Latvian citizen in order to
receive the full amount of the pension claimed. The prohibition of
discrimination enshrined in Article 14 of the Convention is meaningful only
if, in each particular case, the applicant’s personal situation in relation to
the criteria listed in that provision is taken into account exactly as it
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