CASE No. 6

1108th meeting – 10 March 2011

- 1 case against the United Kingdom

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

Interim Resolution CM/ResDH(2009)160

Decision

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 at the Deputies’ 1100th meeting (November - December 2010), the United Kingdom authorities confirmed that they would present draft legislation in the near future, and noted that they remained committed to implementing the judgment;

3. noted the consideration of the issues raised in the judgment by Parliament on 11 January 2011 and 10 February 2011, as referred to by the United Kingdom authorities in their submission to the Committee (see DD(2011)139);

4. noted further that on 22 February 2011 the United Kingdom government requested a referral to the Grand Chamber of the pilot judgment Greens and M.T. which reiterates the conclusions in Hirst No. 2 and establishes a timetable for the United Kingdom authorities to propose legislation in order to execute both judgments;

5. decided, in light of the above, to resume consideration of the questions raised by the judgment once the referral request has been considered.



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