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Tuesday, June 08, 2010

Latest news - prisoners votes

Latest news - prisoners votes

Committee of Ministers publishes decisions on the execution of judgments of the European Court of Human Rights

Strasbourg, 08.06.2010 – The Committee of Ministers of the Council of Europe concluded on 3 June 2010 its second special human rights meeting devoted to the supervision of the execution of the judgments of the European Court of Human Rights. The decisions adopted directly at the meeting in some 20 cases or groups of cases have just been published.

1 case against the United Kingdom

74025/01 Hirst No. 2, judgment of 06/10/2005 - Grand Chamber

Interim Resolution CM/ResDH(2009)160


The Deputies,

1. recalled that in the present judgment, delivered on 6 October 2005, the Court found that the general, automatic and indiscriminate restriction on the right of convicted prisoners in custody to vote, fell outside any acceptable margin of appreciation and was incompatible with Article 3 of Protocol No. 1 to the Convention;

2. recalled that in December 2009, the Committee of Ministers adopted Interim Resolution CM/ResDH(2009)160, in which it expressed serious concern that the substantial delay in implementing the judgment had given rise to a significant risk that the United Kingdom general election in 2010 would be performed in a way that fails to comply with the Convention, and urged the respondent state to rapidly adopt measures to implement the judgment;

3. recalled further that in March 2010, the Committee reiterated its serious concern that a failure to implement the Court's judgment before the general election and the increasing number of persons potentially affected by the restriction could result in similar violations affecting a significant category of persons, giving rise to a substantial risk of repetitive applications to the European Court;

4. expressed profound regret that despite the repeated calls of the Committee, the United Kingdom general election was held on 6 May 2010 with the blanket ban on the right of convicted prisoners in custody to vote still in place;

5. expressed confidence that the new United Kingdom government will adopt general measures to implement the judgment ahead of elections scheduled for 2011 in Scotland, Wales and Northern Ireland, and thereby also prevent further, repetitive applications to the European Court;

6. decided to resume consideration of this case at their 1092nd meeting (September 2010) (DH), in light of a draft interim resolution to be prepared by the Secretariat if necessary.

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