FOURTH SECTION
DECISION
Application no. 47784/09
Paul FIRTH against the United Kingdom
and 9 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 27 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 (for details see appendix),
Having deliberated, decides as follows:
THE FACTS
1. A list of the ten applicants is set out in the appendix. They are represented before the Court by Taylor & Kelly, a firm of solicitors based in Coatbridge.
A. The circumstances of the case
2. The applicants complained that, as convicted prisoners, they were prevented from voting in the following: 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” and complained of the continuing refusal to allow them to exercise their right to vote.
B. Relevant domestic law and practice
3. The relevant domestic law and practice is set out in the Court’s judgments in Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, ECHR 2005‑IX; and Greens and M.T. v. the United Kingdom, nos. 60041/08 and 60054/08, ECHR 2010 (extracts); and its decision in McLean and Cole v. the United Kingdom (dec.), nos. 12626/13 and 2522/12, 11 June 2013.
COMPLAINTS
4. The applicants 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 paragraph 2 above).
5. They also 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
6. 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. The complaint about the applicants’ ineligibility to vote in the election on 4 June 2009
7. In the light of its case-law, and in particular its judgments in Hirst (no. 2), and Greens and M.T., both cited above, the Court considers that it is necessary to give notice of this complaint to the respondent Government.
C. The remaining complaints
8. The applicants also complained about elections in 2007; elections to local government bodies; and the continuing refusal to allow them to exercise their right to vote. They made reference to “forthcoming” parliamentary elections. They further complained under Articles 6 and 13 of the Convention about their access to legal aid and the availability of effective remedies.
9. Having regard to its findings in Greens and M.T., cited above, §§ 90‑92, McLean and Cole, cited above, and Dunn and Others v. the United Kingdom (dec.), nos. 566/10 and 130 other applications, 13 May 2014, 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.
10. It follows that these 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 unanimously
Decides to join the applications;
Decides to adjourn the examination of the applicants’ complaints under Article 3 of Protocol No. 1 concerning their ineligibility to vote in the election of 4 June 2009;
Declares the remainder of the applications inadmissible.
Françoise Elens-PassosIneta Ziemele
RegistrarPresident
Appendix
No.
Application no. and date of introduction
Applicant name,
(prisoner no.)
date of birth
place of residence
nationality
Address
Represented by
Election concerned
Detention details if known
47784/09
17/08/2009
Paul FIRTH
(80736)
12/09/1951
Peterhead
British
HMP Peterhead
Peterhead
AB42 2YY
TAYLOR & KELLY
EU election 4 June 2009
Not known
47806/09
17/08/2009
Douglas NEILL
(4123)
06/08/1966
Kilmarnock
British
HMP Kilmarnock
Mauchline Road
Kilmarnock KA1 5AA
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Kilmarnock
47812/09
17/08/2009
Michael MC KENNA
(5802)
05/05/1970
Greenock
British
HMP Greenock
Old Inverkip Road
Greenock
PA16 9AH
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Greenock
47818/09
11/08/2009
Jamie BAIN
10/03/1984
Shotts
British
HMP Shotts
Canthill Road
Shotts
ML7 4LE
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Shotts
47829/09
17/08/2009
Stewart MC KECHNIE
(96580)
01/04/1979
Peterhead
British
HMP Peterhead
Peterhead
AB42 2YY
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Peterhead
49001/09
28/08/2009
David MC CONACHIE
(11333)
30/06/1959
Dumfries
British
HMP Dumfries
Terregles Street
Dumfries
DG2 9AX
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Dumfries
49007/09
28/08/2009
Paul DILLON
(8295)
31/10/1971
Shotts
British
HMP Shotts
Canthill Road
Shotts
ML7 4LE
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Shotts
49018/09
28/08/2009
Robert DOW
(90526)
13/08/1973
Peterhead
British
HMP Peterhead
Peterhead
AB42 2YY
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Peterhead
49033/09
28/08/2009
Raymond LEE
(55947)
13/10/1947
Peterhead
British
HMP Peterhead
Peterhead
AB42 2YY
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Peterhead
49036/09
28/08/2009
Raymond LOVIE
(47784)
23/07/1974
Peterhead
British
HMP Peterhead
UK – Peterhead
AB42 2YY
TAYLOR & KELLY
EU elections 4 June 2009
Detained at relevant time at HMP Peterhead
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