The Fourth Section’s Curious Take on Article 10 in Petropavlovskis v. Latvia: Two Comments

This guest post was written by Corina Heri, Ph.D. researcher at the University of Zürich, Switzerland, and visiting researcher at the Human Rights Centre, Ghent University[1]

In its recent judgment in Petropavlovskis v. Latvia, the European Court of Human Rights considered whether the domestic authorities’ refusal to naturalize a government-critical activist constituted a punitive measure in violation of that individual’s rights to freedom of expression (Article 10 ECHR) and freedom of assembly and association (Article 11 ECHR). The present post will comment on two aspects of the Court’s reasoning regarding Article 10 ECHR. In evaluating the applicability of that provision, the Chamber focused on whether the applicant has a right to acquire Latvian nationality and whether he was prevented from voicing his opinions. These emphases of the judgment mean that the matter at the heart of the case, namely whether the applicant was penalized for expressing his opinions, was not addressed.

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