Ventspils City Council member and leader of For Latvia and Ventspils Aivars Lembergs, who was found guilty of severe crimes and crimes of corruption, has submitted a civil lawsuit against the Saeima, the Latvian government and Riga Regional Court for the prohibition for him to vote in the last municipal elections.
On Thursday, the 8th of December, Riga City Council started reviewing this case. The politician, who is accused of severe crimes of corruption (and who was found guilty by a court of first instance), wants the three aforementioned state power institutions to compensate the damage caused to him and for them to issue an apology for breaching his rights.
In his explanation of the nature of his claim, Lembergs told the judge he has been a politician in opposition to the current government since the 13th Saeima’s term. The plaintiff announced that this is the reason why state institutions and the judicial power committed violation of his rights as a citizen and acted in breach of the Constitution when they applied restrictions and penalties on him.
The prohibition to vote – a citizen’s ability to exercise the right governed by the first sentence of Section 101 of the Constitution – is this particular case.
The infamous politician said it is his objective to teach Saeima deputies a lesson so that they no longer pass any laws in breach of the Constitution, and teach the court justice system not to use such laws.
As previously reported, while he remained imprisoned, Lembergs wished to participate in the municipal elections that took place in Latvia on the 5th of June 2021. He wanted to either vote while in prison or be allowed to come to the election site in Ventspils in person while escorted by the police. The politician’s request was rejected in accordance with norms of the Law on the Election of Local Government Councils.
This prompted Lembergs to turn to the Constitutional Court with a request to check this decision’s compliance with Section 101 of the Constitution, as this section guarantees citizens the right to participate in state and local governments’ work. In March 2022 the Constitutional Court ruled that the norm that prohibits prison convicts from participating in municipal elections is in breach of the Constitution.
In April 2022 Lembergs sent a letter to the speaker of the 13th Saeima Ināra Mūrniece, Minister of Justice Jānis Bordāns, Chief of the Prison Administration Dmitrijs Kaļins, then the chairperson of the Central Election Commission Kristīne Bērziņa and chairperson of Riga Regional Court Daiga Vilsone. In this letter, the politician accused of severe crimes asked the addressees to apologize to him for breaching his fundamental right to vote. Lembergs’ civil lawsuit is based on this.
During the 9th December court hearing of the case, advocates representing the defendants – Saeima, government and Riga Regional Court – asked the court to not bother with Lembergs’ lawsuit. Their main argument: the Prison Administration has already apologized to Lembergs for their decision, which prevented him from taking part in municipal elections. As a state institution, it did this on behalf of the state.
Regulations do not provide for several compensations for one offence. In this case this is about Lembergs requesting several apologies.
Saeima’s representative also said that deputies, as representatives authorised by the nation, cannot be sued for the work that they do, the laws they pass. The advocate representing the government denied Lembergs’ claim that the judge of the regional court acted in breach of the constitution, as her decisions was based on the law that was in force at the time.
Most of the hearing consisted of the lively discussion between Lembergs, his advocate and advocates representing the defendants about the possible compensation. Debates between the two sides are scheduled to take place on Monday, the 19th of December.
More on this topic: Court of law rejects compensation request from ex-mayor of Ventspils