To provide availability of rulings of the European Court of Human Rights (ECHR) to judges and employees of the court, thus promoting more extensive and comprehensive use of rulings of the ECHR, rulings of the ECHR translated into Latvian language have been aggregated in electronic system of the Supreme Court developed for internal use for several years. Now this information, being extended and systematised, is published also on the home page of the Supreme Court available to public, so any person interested can use them.

One may read judgments and decisions of the ECHR translated into Latvian language, which have been adopted since 2001, on the home page of the Supreme Court www.at.gov.lv in chapter “Resources/ Rulings of the ECHR”. Almost all of them are adopted in cases against states other than Latvia, but in which facts are mentioned, which are significant for protection of rights of Latvian citizens as well. At present, one hundred and six judgments, decisions or summaries of rulings of the ECHR have been published and systematised already. The collection will be supplemented also in future.

Part of these judgments and decisions are published in official edition of the Republic of Latvia “Latvijas Vestnesis”, number of newspaper and publication dates are indicated beside these publications. Part of rulings, which hadn’t been published, was given to the Supreme Court by the Bureau of the Representative of the Cabinet of Ministers before International Human Rights Institutions.

So that judgments and decisions of the ECHR would be used more clearly and conveniently, those are systematised according to the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols. Systematisation was performed by the Division of Case-Law of the Supreme Court in cooperation with the Bureau of the Representative of the Cabinet of Ministers before International Human Rights Institutions.

“Rulings of the European Court of Human Rights draw attention to correct application of the European Convention for the Protection of Human Rights and Fundamental Freedoms. To reduce number of applications against Latvia filed with the ECHR, all courts should examine these rulings and use those to adjudicate cases correctly not only in material sense, but also to observe procedural standards correctly. Every judge should look into judgments of the ECHR from time to time, as those contain principles and standards of the European Convention on Human Rights, which should be applied exactly as the ECHR has interpreted those”, said Pavels Gruzins, the Head of the Division of Case-law of the Supreme Court.

In her turn, Inga Reine, the Representative of the Cabinet of Ministers before International Human Rights Institutions, has indicated: “The European Convention for Protection of Human Rights and Fundamental Freedoms has been mandatory for Latvia since the 27th of June, 1997, namely, almost for fifteen years. The Article 1 of the Convention provides that the High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in the Convention. However, in accordance with Article46 of the Convention, the High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties. Implementation of this goal in life is not possible, if individuals themselves, who enjoy rights secured in the Convention, as well as national lawmaker, executive power and judiciary, are not aware of content of the Convention and practice of application of that. Thus, it has been vitally important to provide access to the text of the Convention itself and to case-law of the European Court of Human Rights, which would be as extensive as possible. This information is especially important during proceedings taking place in national courts, as it is extremely useful in interpretation of national legal standards, as well as it allows to identify possible non-compliance of national legal standards to the Constitution and/or the Convention timely, which, however, may become a reason to address the Constitutional Court. It should be said that practice shows that the most part of issues may be solved by appropriate application and interpretation of effective national legal standards, taking into account also corresponding conclusions of the European Court of Human Rights. Such approach is the most effective means against international proceedings, which in many cases doesn’t reflect up on Latvia as on democratic state”.

At present, translations in Latvian language are provided for rulings of the European Court of Human Rights in cases, in which Latvia is the respondent. Inga Reine hopes that the opportunity to translate into Latvian language other important rulings of the European Court of Human Rights will arise in nearest future as well, and it will be possible to publish on the home page of the Supreme Court the latest translations of rulings of the European Court of Human Rights regularly and fast.

The Supreme Court and the Bureau of the Representative of the Cabinet of Ministers before International Human Rights Institutions expresses mutual satisfaction about successful cooperation, as it has resulted in development of chapter with translations of rulings of the European Court of Human Rights into Latvian language just on the home page of the Supreme Court, which contains case-law of the Supreme Court itself, andit happened in the significant Convention Anniversary year. “Such centralised access to rulings of the highest national instance and the international court will make search of information easier to population, to students, to representatives of legal profession and to judges significantly. Certainly, it will promote understanding about human rights and observation of those both in Latvian laws and in practice”, Inga Reine believes.

See chapter of rulings of the European Court of Human Rights published on the home page of the Supreme Court here.

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211