Open letter to KNAB warns of interference in Constitutional Court's secret vote

An open letter addressed to officials of Latvia's Corruption Prevention and Combating Bureau (KNAB) raises concerns that the agency's demands could undermine fundamental principles of democracy. The author recalls that the Constitutional Court Law requires the court's chair and deputy chair to be elected by secret ballot, stressing that secrecy means a voter's choice remains entirely confidential, a guarantee protected by law regardless of how many people vote within an institution.

Secrecy even in small bodies

The author explains that even in small institutions, where unanimity may be obvious and everyone effectively knows how others voted, the ballot legally remains secret, and no one may be held accountable for their individual vote. This, she argues, is a core democratic principle: a person with voting rights must never be held accountable for how they voted, as this would undermine the essence of free elections.

Criticism of interest-conflict rule interpretation

The letter states that Latvia's Law on Prevention of Conflict of Interest restricts the fundamental rights of officials, but such restrictions may only be established by the legislature and must not be interpreted broadly. The author claims that in practice, KNAB has sometimes applied restrictions more broadly than the law's wording allows. She emphasizes that this law is not meant to override the general principles of the legal system but rather to guarantee the rule of law.

Concerns over separation of powers

According to the author, the case at hand involves not only the right to free, secret elections but also the separation of powers, since the executive branch, through its demands and potential sanctions, is intruding into the judiciary's internal self-governance. She notes that she serves as an expert for the World Justice Project, annually assessing rule-of-law conditions in Latvia, and expresses hope that public discussion will help avoid further erosion of democratic foundations at a time when democracy already faces threats both in Latvia and globally.