Tokens: 43
.
Both
parties
appealed
against
that
judgment
to
the
Criminal
Affairs
Division
of
the
Supreme
Court
.
Relying
,
inter
alia
,
on
Article
7
§
1
of
the
Convention
,
the
applicant
sought
a
full
acquittal
,
arguing
that
the
law
had
been
applied
against
him
retrospectively
.
The
prosecution
submitted
that
the
Regional
Court
had
made
a
number
of
serious
errors
of
fact
and
law
.
In
its
view
,
the
Regional
Court
had
completely
neglected
the
fact
that
Latvia
's
incorporation
into
the
USSR
was
contrary
to
the
Latvian
Constitution
of
1922
and
to
international
law
and
therefore
unlawful
and
that
the
Republic
of
Latvia
had
continued
to
exist
de
jure
.
Accordingly
,
the
applicant
's
conduct
in
1944
could
and
should
have
been
analysed
under
Latvian
and
international
law
,
rather
than
Soviet
law
.
Further
,
the
prosecution
criticised
the
Regional
Court
's
assessment
of
the
evidence
in
the
case
.
In
its
view
,
the
court
had
relied
on
a
series
of
assertions
by
the
applicant
that
were
unsupported
by
any
evidence
.
This
was
true
of
the
claims
that
the
villagers
from
Mazie
Bati
were
armed
collaborators
of
the
German
administration
who
had
helped
the
Wehrmacht
to
wipe
out
Chugunov
's
Partisans
;
that
a
“
court
”
had
been
set
up
within
the
applicant
's
detachment
;
and
that
the
real
purpose
of
the
Mazie
Bati
operation
was
not
the
summary
execution
of
the
villagers
,
but
their
arrest
so
they
could
be
brought
to
trial
.
In
the
prosecution
's
submission
,
the
evidence
it
had
assembled
tended
to
indicate
the
opposite
.
The
prosecution
complained
that
the
Regional
Court
had
accepted
the
applicant
's
depositions
blindly
without
analysing
the
file
as
a
whole
.
Labels: O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O