6
SISOJEVA AND OTHERS v. LATVIA JUDGMENT
25. In a letter of 15 May 1998 the Joint Committee for the
implementation of the agreement between the Government of Latvia and the
Government of the Russian Federation on social-welfare arrangements for
retired members of the Russian armed forces and their family members
resident in Latvia (“the Russian-Latvian agreement” – see paragraph 53
below) requested the Interior Ministry's Nationality and Migration
Directorate (Iekšlietu ministrijas Pilsonības un migrācijas lietu pārvalde –
“the Directorate”), which had replaced the Department, to issue the
applicants with permanent residence permits, on the ground that they had
the right to remain in Latvia under the above agreement. In a second letter
sent the same day the Joint Committee informed the Alūksne Court of First
Instance that the first applicant had neither Russian nor any other
nationality.
26. In July 1998 the applicants submitted a further request to the Court
of First Instance. In a joint memorial they argued that, as the second and
third applicants had Russian nationality, they had the right to obtain
permanent residence permits under the Russian-Latvian agreement. The first
applicant, who had no nationality, contended that she was entitled to the
status of a “permanently resident non-citizen (nepilsonis)” under the Act on
the Status of Former USSR Citizens without Latvian or other Citizenship
(“the Non-Citizens Act” – see paragraph 47 below).
27. In court, the applicants made no attempt to deny the actions of which
they had been accused by the Department and the Directorate, but
maintained that those actions had been in breach only of Russian law and
therefore had no effect on their rights in Latvia.
28. In a judgment of 28 July 1998 the Alūksne District Court of First
Instance allowed the applicants' request. It noted that the applicants' place of
residence had been legally registered in Alūksne since 1970 and that they
had lived there from then onwards. In the court's view, since the procuring
of second passports by the applicants and their registration in Russia were
illegal and void acts, they had no impact on the applicants' legal status in
Latvia. The court also noted that the second applicant was on the list of
former members of the Russian armed forces in receipt of a Russian military
pension and entitled to remain in Latvia. That list had been drawn up jointly
by the two governments in accordance with the Russian-Latvian agreement.
Consequently, the court held that the first applicant was entitled to apply for
a passport as a “permanently resident non-citizen” and that the second and
third applicants were entitled to obtain permanent residence permits.
29. The Directorate appealed against that judgment to the Vidzeme
Regional Court. In a judgment of 15 June 1999 the Regional Court
dismissed the appeal, endorsing the findings and reasoning of the
first-instance court.
30. The Directorate then lodged an appeal on points of law with the
Senate of the Supreme Court. In a judgment of 15 September 1999 the