Press Release: Firth and Others v. the United Kingdom (no. 47784/09 and nine other applications): Court finds violation of the right to vote in ten follow-up prisoner voting cases but awards no compensation or legal costs

Report of the ECHR judgment in Firth and Others v. the United Kingdom (no. 47784/09 and nine other applications) on the 12 August 2014.

The case concerned ten prisoners’ complaints about their ineligibility to vote in the 2009 European Union elections.

The applicants were ten British nationals who were born between 1947 and 1984 and were all incarcerated at the relevant time following criminal convictions. Relying on Article 3 of Protocol No. 1 (right to free elections), they complained that, pursuant to primary legislation, they were automatically prevented from voting in the elections to the European Parliament on 4 June 2009.

In the judgment, which is not final, the European Court of Human Rights held, by five votes to two, that there had been a violation of Article 3 of Protocol No. 1 (right to free elections) to the European Convention on Human Rights.

However, the ECHR refused to award damages to the 10 inmates bringing the action, saying the ruling in their favour was enough. The Court also refused to order the British government to pay the inmates' legal costs.

Responding to the judgement, a spokesman for the Ministry of Justice said: 'The Government has always been clear that it believes prisoner voting is an issue that should ultimately be decided in the UK'.

• Primary Source

ESO: Background information: Prisoners' voting rights http://www.europeansources.info/record/prisoners-voting-rights/

ESO: Background information: UK human rights convention exit 'would be disastrous' http://www.europeansources.info/record/uk-human-rights-convention-exit-would-be-disastrous/

ESO: Background information: Tories plan human rights challenge http://www.europeansources.info/record/tories-plan-human-rights-challenge/

ESO: Background information: Is adherence to the European Convention on Human Rights a condition of European Union membership? http://www.europeansources.info/record/is-adherence-to-the-european-convention-on-human-rights-a-condition-of-european-union-membership/

BBC News, 12.08.14: Strasbourg payout ruling due on jail vote ban http://www.bbc.co.uk/news/uk-28749814

ECHR: Related documentation associated with this Case http://hudoc.echr.coe.int/sites/eng-press/pages/search.aspx?i=003-4842346-5910103

BBC News, 12.08.14: No European Court damages for prisoners denied vote http://www.bbc.co.uk/news/uk-28753874

Deutsche Welle, 12.08.14: Strasbourg: UK disenfranchisement violates Europe law http://dw.de/p/1Ct9I

The Guardian, 12.08.14: UK prisoners denied the vote should not be paid compensation, ECHR rules http://www.theguardian.com/politics/2014/aug/12/uk-prisoners-denied-vote-no-compensation-european-court-of-human-rights

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