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Ādamsons v. Latvia


Ādamsons v. Latvia (3669/03) was a case argued before the European Court of Human Rights and decided in 2008.

Ādamsons v. Latvia
Decided 24 June 2008
Full case nameĀdamsons v. Latvia
Case3669/03
ECLIECLI:CE:ECHR:2008:0624JUD000366903
ChamberThird Section
Court composition
President
Josep Casadevall
Judges

Facts edit

Mr. Jānis Ādamsons was a Soviet Border Guard. Border Guards were part of KGB.

In 1995, the law on legislative elections was adopted in Latvia, forbidding former KGB employees to stand for elections.

Therefore, Mr. Ādamsons, who was Latvian Minister of Interior in 1994–1995, was prevented from standing for elections.

Judgment edit

The Court noted that Parliamentary Elections Act targeted former “officers” of the KGB. Having regard to the wide-ranging functions of KGB, the Court considered that that concept was too broad and that a restriction of the electoral rights of a KGB officer should take a case-by-case approach to take into account their actual conduct. The Court noted that the applicant had never been accused of having been involved in the misdeeds of the Soviet regime, such as repression of opposition. Therefore, the Court has found a violation of the Article 3 of the 1st protocol of ECHR, by six votes against one. Judges Garlicki, Zupančič and Gyulumyan have filed a concurring opinion. Judge Fura-Sandström has filed a dissenting opinion.[1]

Latvian government has appealed against the judgment, but the appeal was rejected.[2]

References edit

  1. ^ Press release on the judgment
  2. ^ Государство должно Адамсонсу 10 000 евро(in Russian) Delfi

External links edit

  • Judgment(in French)
  • Press release on the judgment

Ādamsons, latvia, 3669, case, argued, before, european, court, human, rights, decided, 2008, decided, june, 2008full, case, namecase3669, 03ecliecli, echr, 2008, 0624jud000366903chamberthird, sectioncourt, compositionpresidentjosep, casadevalljudgeselisabet, f. Adamsons v Latvia 3669 03 was a case argued before the European Court of Human Rights and decided in 2008 Adamsons v LatviaDecided 24 June 2008Full case nameAdamsons v LatviaCase3669 03ECLIECLI CE ECHR 2008 0624JUD000366903ChamberThird SectionCourt compositionPresidentJosep CasadevallJudgesElisabet Fura SandstromBostjan M ZupancicLech GarlickiAlvina GyulumyanEgbert MyjerCorneliu Birsan Contents 1 Facts 2 Judgment 3 References 4 External linksFacts editMr Janis Adamsons was a Soviet Border Guard Border Guards were part of KGB In 1995 the law on legislative elections was adopted in Latvia forbidding former KGB employees to stand for elections Therefore Mr Adamsons who was Latvian Minister of Interior in 1994 1995 was prevented from standing for elections Judgment editThe Court noted that Parliamentary Elections Act targeted former officers of the KGB Having regard to the wide ranging functions of KGB the Court considered that that concept was too broad and that a restriction of the electoral rights of a KGB officer should take a case by case approach to take into account their actual conduct The Court noted that the applicant had never been accused of having been involved in the misdeeds of the Soviet regime such as repression of opposition Therefore the Court has found a violation of the Article 3 of the 1st protocol of ECHR by six votes against one Judges Garlicki Zupancic and Gyulumyan have filed a concurring opinion Judge Fura Sandstrom has filed a dissenting opinion 1 Latvian government has appealed against the judgment but the appeal was rejected 2 References edit Press release on the judgment Gosudarstvo dolzhno Adamsonsu 10 000 evro in Russian DelfiExternal links editJudgment in French Press release on the judgment Retrieved from https en wikipedia org w index php title Adamsons v Latvia amp oldid 1163179755, wikipedia, wiki, book, books, library,

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