FOURTH SECTION
DECISION
Application no. 566/10
Richard DUNN against the United Kingdom
and 130 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 13 May 2014 as a Chamber composed of:
Ineta Ziemele, President,
Päivi Hirvelä,
George Nicolaou,
Ledi Bianku,
Zdravka Kalaydjieva,
Paul Mahoney,
Krzysztof Wojtyczek, judges,
and Françoise Elens-Passos, Section Registrar,
Having regard to the above applications lodged on various dates (see Appendix),
Having deliberated, decides as follows:
THE FACTS
1. A list of the applicants is set out in the appendix. They were represented before the Court by Taylor & Kelly, a firm of solicitors based in Coatbridge.
A. The circumstances of the case
2. The applicants are convicted prisoners.
1. The Dunn applicants
3. Mr Dunn and 18 other applicants lodged their applications between 9 December 2009 and 26 March 2010. They complained that they were prevented from voting in the following elections: elections to the Scottish Parliament on 3 May 2007; elections to the European Parliament on 4 June 2009; and local government elections. They also noted in their application forms that “elections to the UK Parliament are forthcoming”. Following the lodging of their application forms, no further correspondence was received in respect of the applications.
2. The Bonnar applicants
4. Mr Bonnar and 110 other applicants lodged their applications between 17 November 2010 and 12 April 2011. They complained that they were prevented from voting in the following elections: elections to the Scottish Parliament on 3 May 2007; elections to the European Parliament on 4 June 2009; the parliamentary election on 6 May 2010; and local government elections. They also noted in their application forms that “elections to the Scottish Parliament are forthcoming”. Following the lodging of their application forms, no further correspondence was received in respect of the applications.
3. Mr Hamza
5. Mr Hamza lodged his application on 27 January 2010. On 18 August 2008 the Electoral Registration Officer had refused to register him on the electoral roll. The decision had been upheld by Aberdeen Sheriff Court on 10 November 2008. Mr Hamza complained about the refusal to register him on the electoral roll for domestic elections and the “forthcoming elections to the European Parliament”.
B. Relevant domestic law and practice
6. For details of the relevant domestic law and practice see the Court’s decision in McLean and Cole v. the United Kingdom (dec.), nos. 12626/13 and 2522/12, §§ 5-12, 11 June 2013.
COMPLAINTS
7. The applicants (with the exception of Mr Hamza) complained under Article 3 of Protocol No. 1 to the Convention that they were subject to a blanket ban on voting in elections and had been prevented from voting in a number of elections (see paragraphs 3-4 above).
8. Mr Hamza complained about the refusal to register him on the electoral roll for domestic and EU elections (see paragraph 5 above).
9. Finally, the applicants complained of a violation of Articles 6 and 13 on the grounds that they were refused legal aid to pursue domestic proceedings in respect of their complaints and that they had no effective remedy to address their complaints under Article 3 of Protocol No. 1.
THE LAW
A. Joinder of the applications
10. Given their similar factual and legal background, the Court decides that the applications should be joined pursuant to Rule 42 § 1 of the Rules of Court.
B. Complaints under Article 3 of Protocol No. 1 by the Dunn applicants and the Bonner applicants
11. In McLean and Cole, cited above, § 24, the Court held that in order for a complaint concerning the right to vote at a particular election to be admissible, it had to be lodged within six months of the election in question.
12. The dates of lodging of the applications in respect of the Dunn applicants were after 9 December 2009. The Dunn applicants’ complaints about the elections to the Scottish Parliament on 3 May 2007 and the European Parliament on 4 June 2009 have therefore been lodged outside the time-period allowed by Article 35 § 1 of the Convention and must be declared inadmissible pursuant to Article 35 § 4.
13. The dates of lodging of the applications in respect of the Bonnar applicants were after 17 November 2010. The Bonnar applicants’ complaints about the elections to the Scottish Parliament in May 2007, the European Parliament in June 2009 and the United Kingdom Parliament on 6 May 2010 have therefore been lodged outside the time-period allowed by Article 35 § 1 of the Convention and must be declared inadmissible pursuant to Article 35 § 4.
14. In McLean and Cole, cited above, § 30, the Court concluded that local government bodies in the United Kingdom did not form part of the “legislature” within the meaning of Article 3 of Protocol No. 1. The Dunn and Bonnar applicants’ complaints about their exclusion from local government elections are accordingly incompatible ratione materiae with the provisions of the Convention and its Protocols and inadmissible under Article 35 §§ 3 (a) and 4.
15. At the time the Dunn applicants lodged their applications, elections to the United Kingdom Parliament were scheduled to take place on 6 May 2010. Although the Dunn applicants referred in their application forms to the “forthcoming” elections to the United Kingdom Parliament, they did not articulate clear complaints as regards any potential exclusion from those elections (see paragraph 3 above). Similarly, at the time the Bonnar applicants lodged their applications, elections to the Scottish Parliament were scheduled to take place on 5 May 2011. Although the Bonnar applicants referred in their application forms to the “forthcoming” elections to the Scottish Parliament, they did not articulate clear complaints as regards any potential exclusion from those elections (see paragraph 4 above). In these circumstances it is questionable whether any valid complaints about the elections in question have actually been made by the Dunn and Bonnar applicants.
16. In any event, in their application forms the present applicants gave no details of the dates of their conviction or the lengths of their sentences. It was therefore far from evident that they were expected to be in post‑conviction detention on the date of the future elections in question. Even if these details had been provided, other relevant events might have occurred between the lodging of the applications and the date of the election. Such events include release from detention, for example, in accordance with early release provisions or following a successful appeal against conviction or sentence. In more extreme cases, transfer to a psychiatric hospital or even death might intervene to prevent an applicant from suffering any adverse effect from the ban on voting currently applied to prisoners. Although some of the applicants may well have remained in detention and therefore found themselves excluded from voting in the elections concerned, none of the applicants contacted the Court following the date of the election to confirm that this was the case.
17. Satisfaction of the admissibility criteria in Articles 34 and 35 is a prerequisite for consideration of the substantive complaints lodged by applicants. This reflects the subsidiary nature of the Convention system. In its decision of 11 June 2013 in McLean and Cole, cited above, § 21, the Court expressly stated that “[a]s the legislation precluding the participation of prisoners in the franchise applies only to prisoners in detention following conviction, any applicant not in post-conviction detention on the date of the relevant election suffered no adverse effect as a result of the legislation”. It warned that if the first applicant in that case was not in post-conviction detention on the dates of the impugned elections, his complaints would be inadmissible on the basis that he could not claim to be a victim of any violation of Article 3 of Protocol No. 1. The applicants in the present case have had ample time even since that decision to supplement their applications by confirming that they were in post-conviction detention on the date of the elections which were “forthcoming” at the time of the lodging of their application forms. However, no such supplementary information has been received.
18. In conclusion, even if the Dunn and Bonnar applicants are to be taken as having properly complained about elections that had not yet taken place by the date on which they lodged their application forms, they have failed to adduce the necessary facts to substantiate their complaints. The complaints must therefore be rejected as manifestly ill-founded pursuant to Articles 34 and 35 §§ 3 (a) and 4 of the Convention.
C. Complaints under Article 3 of Protocol No. 1 by Mr Hamza
19. Mr Hamza complained about the refusal to register his name on the electoral roll in 2008 and about his ineligibility to vote in domestic and European Parliamentary elections. Since he lodged his application in January 2010 it is plain that complaints about the 2008 refusal, any previous domestic elections and the June 2009 election were lodged outside the six‑month time-limit.
20. In so far as he can be taken to have complained about his exclusion from voting in elections which had not yet occurred by the date on which he lodged his application, his complaint is inadmissible for the general reasons given at paragraphs 16-18 above.
D. Other complaints
21. The applicants also complained under Articles 6 and 13 of the Convention about their access to legal aid and the availability of effective remedies. Having regard to its findings in Greens and M.T. v. the United Kingdom, nos. 60041/08 and 60054/08, §§ 39-40, ECHR 2010 (extracts), and McLean and Cole, cited above, §§ 39-40, and in the light of all the material in its possession, the Court finds that these complaints do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.
22. It follows that the complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court by a majority
Joins the applications;
Declares the applications inadmissible.
Françoise Elens-PassosIneta Ziemele
RegistrarPresident
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
7408/09
27/01/2010
Mohammad HAMZA
19/05/1980
Peterhead
The Dunn applicants
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
566/10
09/12/2009
Richard DUNN
12/10/1979
Tullibody
578/10
09/12/2009
Thomas LEE
25/06/1968
Kilmarnock
587/10
09/12/2009
Christopher WARD
17/02/1982
Tullibody
596/10
09/12/2009
Robin JENKINS
20/05/1954
Peterhead
626/10
09/12/2009
Colin SWANSON
25/04/1964
Perth
638/10
09/12/2009
Francis MC VEY
05/04/1935
Dumfries
2005/10
30/12/2009
James THOMSON
11/04/1951
Edinburgh
3448/10
14/01/2010
John KENNEDY
18/01/1970
Dumfries
7829/10
25/01/2010
Alistair FINDLAY
20/05/1959
Dumfries
10264/10
11/02/2010
Darren NICOLL
13/11/1984
Perth
15009/10
05/03/2010
John RUTH
21/07/1983
Peterhead
15010/10
05/03/2010
Kenneth SMITH
04/12/1963
Dumfries
15035/10
05/03/2010
Angus SINCLAIR
07/06/1945
Peterhead
15204/10
03/03/2010
Brian TURNBULL
15/08/1965
Peterhead
15223/10
03/03/2010
George TOWNSLEY
17/09/1954
Dumfries
15246/10
03/03/2010
Alexander David MC CLURE
30/11/1975
Dumfries
15860/10
11/03/2010
Brian HUNTER
20/05/1957
Peterhead
16838/10
18/03/2010
Emile SZULA
27/05/1953
Forfar
18022/10
26/03/2010
Patrick John NICOL
14/08/1981
Dundee
The Bonnar applicants
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
20498/11
25/03/2011
Colin BONNAR
10/02/1979
Shotts
62874/11
30/03/2011
Martin BLACK
09/03/1976
Shotts
62984/11
18/03/2011
Charles BRANNAN
30/09/1969
Shotts
63165/11
29/03/2011
John BROWN
07/10/1971
Edinburgh
63208/11
22/12/2010
Paul BRYCELAND
08/06/1973
Shotts
63469/11
17/11/2010
Gavin BROWN
10/11/1972
Shotts
63498/11
07/02/2011
Trevor BUCK
04/11/1960
Stirling
63911/11
16/01/2011
David CARRUTHERS
10/02/1975
Shotts
63933/11
24/03/2011
Derek CARSWELL
01/12/1966
Kilmarnock
64171/11
28/01/2011
Peter CHEAPE
10/06/1968
Tullibody
64269/11
28/01/2011
James CLARK
09/12/1963
Kilmarnock
64477/11
04/01/2011
John CLARKSON
15/12/1960
Shotts
64609/11
07/02/2011
Kevin CONNOR
25/07/1973
Shotts
64847/11
23/03/2011
Paul CURRAN
26/07/1974
Addiewell
64860/11
24/11/2010
Gary CURRIE
15/02/1971
Bowhouse
65112/11
20/01/2011
Christopher DENCH
07/09/1969
Tullibody
65149/11
29/03/2011
Albert DICKIE
29/05/1948
Peterhead
65165/11
23/03/2011
Gerald DOCHERTY
12/02/1967
West Lothian
65543/11
05/01/2011
Aaron ELDER
18/06/1975
Shotts
65580/11
10/03/2011
Paul FALCONER
10/12/1967
Tullibody
65806/11
21/01/2011
Robert FISHER
18/02/1970
Addiewell
65848/11
19/11/2010
John FORSYTH
09/08/1951
Peterhead
65920/11
29/03/2011
Scott GIBB
09/04/1980
Tullibody
65938/11
23/03/2011
Alan GILLESPIE
26/07/1985
Shotts
66192/11
17/11/2010
George GOATEN
26/11/1981
Kilmarnock
66243/11
24/03/2011
David GORLACH
17/12/1966
Shotts
66263/11
19/01/2011
Patrick GORMAN
09/04/1978
Shotts
66274/11
25/12/2010
Scott GOVAN
13/08/1976
Tullibody
66283/11
10/03/2011
Neil GRAINGER
04/10/1974
Dundee
66480/11
20/01/2011
Ronald GRANT
14/03/1945
Shotts
66535/11
20/12/2010
John GREIG
26/06/1960
Shotts
66549/11
20/12/2010
Gordon GRIEVE
16/04/1951
Peterhead
66573/11
17/01/2011
Terry HADDOW
13/02/1948
Shotts
66834/11
17/01/2011
Ian HARPER
10/08/1966
Shotts
66836/11
29/03/2011
Manzoor HASSAN
25/07/1975
Edinburgh
66863/11
23/03/2011
Kevin HAUGHIAN
15/01/1984
Shotts
67172/11
28/01/2011
Benjamin HOLDING
15/02/1979
Shotts
67200/11
20/11/2010
Stuart HONEST
02/10/1969
Greenock
67249/11
24/03/2011
Daniel HOWIE
06/02/1983
Kilmarnock
67541/11
24/03/2011
Graham IRVINE
05/11/1974
Kilmarnock
67790/11
23/11/2010
Keith JORDAN
22/09/1965
Edinburgh
67822/11
12/04/2011
Joe KEELEY
22/09/1981
Tullibody
67846/11
17/11/2010
Colin KELLY
30/07/1978
Peterhead
67863/11
17/11/2010
James KENNEDY
15/01/1972
Shotts
68072/11
23/03/2011
Kevin KILLORAN
29/02/1968
Shotts
68078/11
23/03/2011
Jason KINNAIRD
15/05/1981
Shotts
68194/11
29/03/2011
Alexander LAUCHLAN
01/05/1976
Kilmarnock
68543/11
11/01/2011
Samuel LOCKE
16/09/1966
Kilmarnock
68551/11
19/01/2011
Steven LOGUE
06/02/1976
Tullibody
68846/11
21/12/2010
Malcolm MACDONALD
13/03/1969
Edinburgh
68873/11
23/11/2010
Gary MACKIE
14/08/1968
Kilmarnock
68877/11
24/03/2011
John MACKIE
10/04/1973
Tullibody
68883/11
28/01/2011
Stuart MAC NAB
08/10/1975
Tullibody
68894/11
23/03/2011
Greig MADDOCK
21/02/1986
Perth
69741/11
10/03/2011
Daniel MC ALPINE
10/11/1978
Shotts
69864/11
24/03/2011
John MC CONNELL
07/02/1970
Tullibody
70104/11
24/03/2011
James MC COLGAN
28/12/1987
Peterhead
70111/11
07/01/2011
Brian MC CREADIE
14/01/1977
Scotland
70140/11
17/01/2011
Darren Andrew MC COLE
02/05/1974
Lanarkshire
70155/11
10/03/2011
Kyle MC CUSKER
27/05/1987
Clackmannanshire
70168/11
12/04/2011
Mike MC CUSKER
01/07/1989
Tullibody
70220/11
23/03/2011
Mark MC GARTLAND
05/06/1984
Shotts
70235/11
17/01/2011
Gary MC GEOWN
14/09/1971
Shotts
70247/11
29/03/2011
Brian MC GLOIN
21/10/1975
Glasgow
70414/11
07/02/2011
Daniel MC GOWAN
09/01/1969
Shotts
70425/11
28/01/2011
Robert MC GREGOR
30/12/1970
Kilmarnock
70478/11
23/03/2011
Ronnie MCKAY
07/09/1962
Shotts
71023/11
30/03/2011
James MC KINNEY
18/11/1978
Kilmarnock
71049/11
01/01/2011
Terence MC MILLAN
01/12/1968
Addiewell
71069/11
28/01/2011
James MC NEILL
25/09/1985
Glasgow
71295/11
23/03/2011
Chris MC SORLEY
06/02/1984
Kilmarnock
71332/11
28/01/2011
Steven Douglas MILLAR
26/04/1964
Tullibody
71346/11
17/11/2010
Christopher MILLER
09/10/1984
Shotts
71375/11
05/01/2011
Robert MILNE
22/11/1967
Addiewell
71599/11
17/11/2010
Leslie MOOHAN
01/12/1982
Shotts
71911/11
29/03/2011
Robert MUIR
21/02/1963
Glasgow
71943/11
28/01/2011
Michael NISBET
03/04/1974
Edinburgh
72669/11
29/03/2011
Peter PATON
08/04/1953
Edinburgh
72685/11
24/03/2011
James PAUL
08/08/1974
Kilmarnock
72705/11
23/03/2011
David PAUL
14/03/1950
Shotts
72791/11
08/03/2011
John PIGGOTT
17/06/1936
Shotts
73004/11
17/03/2011
Gary POLLAND
11/02/1987
Addiewell
73014/11
31/03/2011
James HUGHES
13/03/1984
Tullibody
73028/11
01/04/2011
Kevin SWINDELLS
20/12/1970
Edinburgh
73034/11
31/03/2011
Colin GOURLAY
11/09/1961
Shotts
73041/11
24/03/2011
Paul POLLIN
04/04/1977
Shotts
73085/11
17/01/2011
Paul PRIOR
01/11/1973
Shotts
73386/11
24/03/2011
Brian REDFERN
02/01/1983
Shotts
73692/11
28/01/2011
Ritchie SEDGWICK
26/04/1985
Tullibody
73918/11
24/03/2011
Paul SIMMONDS
04/06/1974
Shotts
73962/11
24/03/2011
Robert SIMPSON
02/02/1949
Tullibody
73993/11
20/12/2010
Ryan SMITH
07/10/1983
Peterhead
74237/11
23/11/2010
Grant STEWART
25/09/1965
Peterhead
74276/11
17/11/2010
Donald STONE
24/09/1984
Lanarkshire
74284/11
23/11/2010
Neil STRACHAN
29/02/1968
Peterhead
74288/11
23/03/2011
John STRUTHERS
15/01/1985
Tullibody
75114/11
01/04/2011
Ian SUTHERLAND
19/08/1970
Tulibody
75333/11
28/01/2011
Steven TAYLOR
13/07/1976
Shotts
75391/11
24/03/2011
Barry THOMSON
07/10/1978
Shotts
75396/11
28/03/2011
David THOMSON
28/06/1987
Kilmarnock
75693/11
18/11/2010
Steven TRAIN
22/12/1955
Peterhead
75742/11
24/03/2011
Brian VENUTI
01/10/1976
Addiewell
76318/11
29/03/2011
Andrew WATT
22/03/1962
Edinburgh
76336/11
28/01/2011
Brian WEBBER
10/08/1966
Kilmarnock
76361/11
07/02/2011
Matthew WELSH
05/08/1975
Shotts
76388/11
28/01/2011
Patrick WHITE
08/11/1980
Shotts
76552/11
23/03/2011
James WILSON
02/01/1955
Kilmarnock
76561/11
05/01/2011
John WILSON
13/04/1961
Tullibody
76569/11
17/01/2011
Taylor WILSON
02/08/1981
Kilmarnock
76576/11
17/11/2010
Simon WISEMAN
15/08/1972
Shotts
76582/11
20/01/2011
Alex WOODSIDE
21/03/1977
Tullibody
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