Britain Cannot Ban Prisoners From Voting, European Judges Rule

Posted: Updated: 22/05/2012 19:03

The European Court of Human Rights has ruled that Britain cannot ban prisoners from voting, piling pressure on the prime minister who last year said the idea made him "physically ill".

Human rights judges have now given the government six months to honour the coalition pledge to give prisoners the vote, following a case in Italy where an Italian man won his appeal against being disenfranchised after his conviction for killing his wife and wounding one of his sons.

The ECHR accepted the UK government argument that "each State [in Europe] has a wide discretion as to how it regulates the ban, both as regards the types of offences that should result in the loss of the vote and as to whether disenfranchisement should be ordered by a judge in an individual case or should result from a general application of a law".

However, the judges added that Tuesday's decision amounted to confirmation of a ruling against the UK in 2005 that a blanket ban on all serving prisoners losing voting rights is a breach of their human rights.

The wrangle with Strasbourg began when UK inmates complained that the loss of voting rights violated a Human Rights Convention Article guaranteeing the "right to free elections".

The court twice decreed the UK's total ban on votes for prisoners to be illegal.

But the Labour government left the ban in place, and Tory inaction despite a second ruling in 2010 angered civil liberties groups.

Last year Minister for Political and Constitutional Reform Mark Harper told the Commons that the coalition reluctantly accepted that the UK had a legal obligation to fall in line, but had not yet decided which inmates it would affect.

Mr Cameron was more direct a day later, telling MPs: "It makes me physically ill to contemplate giving the vote to prisoners. They should lose some rights, including the right to vote."

If the UK complies with the ruling to grant some prisoners voting rights within the new six-month deadline triggered today, the Human Rights Court would strike out all similar pending cases.

That would remove the threat of massive potential government damages payments to prison inmates if all complaints went through the courts and were upheld.

The original UK case on 2005 was a landmark victory for convicted killer John Hirst from Hull.

In the November 2010 case, two prisoners, named as Robert Greens and MT, both serving time at Peterhead prison, were awarded €5,000 in costs and expenses for their loss of voting rights.

About 40% of the 47 countries covered by the Human Rights Convention - including all 27 EU member states - have no restrictions on prisoners voting.

Others ban only some sentenced prisoners from voting. In France and Germany, courts have the power to impose loss of voting rights as an additional punishment.

The UK is among a few European countries, including Armenia, Bulgaria, Estonia, Hungary and Romania, which automatically remove voting rights from sentenced prisoners, although UK remand prisoners still have the vote.

A Downing Street spokeswoman said the government would consider the implications of the ruling for the UK before responding.

The spokeswoman said: "This is a judgment affecting Italy, but clearly we need to consider the implications of that judgment on the issue of prisoner voting for the UK.

"The position for the UK is that the attorney general has argued that the issue of social policy, including prisoner voting, is a matter for parliament and it is for parliament to judge whether and which prisoners should have the vote, and that the court should not interfere with that judgment unless it is manifestly without reasonable foundation."

Juliet Lyon, director of the Prison Reform Trust, said: "People are sent to prison to lose their liberty, not their identity.

"The UK's outdated ban on sentenced prisoners voting, based on the 19th century concept of civic death, has no place in a modern democracy and is legally and morally unsustainable."

She went on: "Experienced prison governors and officials, past and present bishops to prisons and chief inspectors, electoral commissioners, legal and constitutional experts and most other European governments believe people in prison should be able to exercise their civic responsibility.

"The European Court has made clear in today's judgment the UK's legal obligations to overturn the blanket ban."

Paul Nuttall, Ukip member for North East England, said: "This is a bad judgment from a Mickey Mouse court. The Ukip position is there should be a blanket ban of votes for prisoners.

Pass David Cameron the sick bag, because this judgment means that British prisoners will get the vote - some of them at least."

Shadow justice secretary Sadiq Khan said: "Labour has consistently believed that those deprived of their freedom after being given a custodial sentence shouldn't be entitled to vote.

"While we recognise the importance of the European Convention on Human Rights and the European Court of Human Rights, we feel the original decision back in 2004 was wrong, and that's why the Labour government didn't implement it, and we appealed again and again.

"On these kinds of issues, the European court should be giving far more discretion to individual countries and this is an important reform that needs to be implemented."

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The European Court of Human Rights has ruled that Britain cannot ban prisoners from voting, piling pressure on the prime minister who last year said the idea made him "physically ill". Human rights...
The European Court of Human Rights has ruled that Britain cannot ban prisoners from voting, piling pressure on the prime minister who last year said the idea made him "physically ill". Human rights...
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15:30 on 23/05/2012
I have said it before but it is worth repeating. The European Court of Human Rights is NOT the responsibility of the EU. It is the responsibility of the Council of Europe which all European nations belong to except Belarus and Kazakhstan. It therefore includes Russia and other Eastern Bloc countries which are not in the EU. It is not the policy of UKIP to withdraw from the Council of Europe.

The court has not said all prisoners should have the vote. It is for the UK to decide which ones should not have the vote and this can be done by a decision of Parliament or delegating the power to judges in individual cases. What the UK will not be able to do is state that no prisoners may vote.

This is but a pinprick considering all the other bad things going on in the world.
16:53 on 23/05/2012
Never let facts get in the way of blaming the EU for everything.

This from the BBC:

"In Cyprus, for example, an inmate must happen to be out of prison on the day of the elections, and in Slovakia, prisoners can legally vote but no provision is made to allow them to do so."

The real problem is not 80,000 prisoners (many of whom would not be entitled to vote if free) but the millions of people who are entitled to vote, but don't.
13:00 on 23/05/2012
The time has come for us to pull right out of Europe altogether. The truth is, we only have two options..........let them vote and burn the voting papers as soon as voting is over or we vote for UKip at the next election and let that party take us out of Europe but no way should we allow criminals votes to count. By committing crimes that they have been found guilty of, they have elected to divorce themselves from normal law abiding society. In fact, in the case of murderers, they have actually stolen the right of their victims to vote.
14:53 on 23/05/2012
Quote: "The time has come for us to pull right out of Europe altogether."

How does pulling out of the EU help this situation?
16:01 on 23/05/2012
We need to pull away from any association with Europe and interference from Brussels, rebuild our once great Merchant Navy and return to our old trading partners.
12:50 on 23/05/2012
I'm just wondering what makes anyone think that prisoners will exercise their democratic rights, which I think they should forfeit anyway on being jailed, any more that the 60% or so of us that do anyway at the best of times.
Personally I think voting should be compulsory, but even then I would deny it to prisoners.
I am not anti EU, having said that I disagree with the idea of prisoners being able to vote.
13:06 on 23/05/2012
I think that voting should be compulsory as well, as it is in Australia where every citizen must vote or face a fine. However, I would also ban postal votes, or using voting by computer because both those methods are wide open to corruption...something we have already seen taking place in our community amongst the ethnic minorities.
12:40 on 23/05/2012
Oh yes they can. Stick two fingers up to the EU and the Hug A tree Brigade by modifying our laws. Make it a condition that any crime of an anti social behaviour nature which involved prison sentencing allows the judge to deny such prisoners the vote. Consequently murder, rape, theft, fraud, assault even speeding can all be classified as anti social thus denying all prisoners of the vote. The Germans have done much the same so lets get on the same band waggon and tell the human rights campaigners to get stuffed
12:36 on 23/05/2012
Here is the chance you have been seeking Mr Cameron - DUMP the Human Rights ACT asap - The British public are certain to back your position: Go for it and tell those EU fanatics where to shove it!
katertaif
My wife thinks I have one fault. Everything I do!
12:49 on 23/05/2012
No no sunofabeach. Cameron only made that pledge as the tried and well tested way to get people to vote for him, or his party. he didn't actually mean it. It was similar to him allegedly using the veto some months ago. It was all part of the smoke and mirrors way our politicians work these days. I mean they have been doing this for decades now. If they suddenly started telling the truth, we wouldn't know where we were. A truthful politician is as rare as the unicorn. Other than that I agree with you completely.
12:33 on 23/05/2012
if the british PUBLIC say NO VOTE FOR PRISONERS, then its ON VOTE, tell them asols over in the eu , to get stuffed this is OUR country , LETS GET THE HELL OUT OF THIS EU FARCE
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12:02 on 23/05/2012
I don't think this ruling goes far enough. I think it is time that voting in the UK was restricted to failed asylum seekers, illegal immigrants and criminals only, wth a bonus vote added for anyone falling into two or more categories. This way we would get a more representative view of what people in the UK want. After all what have the rest of us done to earn human rights?
katertaif
My wife thinks I have one fault. Everything I do!
12:54 on 23/05/2012
Yes I could go along with that, they have more rights than us
11:39 on 23/05/2012
Let them vote - just don't count the votes........
13:06 on 23/05/2012
Good point.
11:25 on 23/05/2012
And what happens if we just tell the judge to 'shove it'. Will he come round everyone in Britain and personally duff us up?
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11:05 on 23/05/2012
Several points this is Strasbourg it is not binding and if we ignore they can do bugger all . If you feel you must implement it it says you cant have a blanket ban so we dont we have a ban on everyone to be lifted at the discretion of the judge all of whom get a letter from Dave saying if you give it you will be looking for a new job . Thats it 10 minutes work dont see the problem politicians and lawyers create work
11:03 on 23/05/2012
Why does'nt our elected (BY US) government tell this bunch of eurocrats to P**55 off.
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Zurichilux
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10:53 on 23/05/2012
Seems you have to commit a crime to actually be treated like a human being in this country.
10:52 on 23/05/2012
This will please our Liberal Prime Minister. So, this is how democracy works, the people vote for a political party which is then overuled by an unelected bunch of Eurocrats. Anyone explain to me the point of a UK Government anymore? People power my 4rse
katertaif
My wife thinks I have one fault. Everything I do!
10:21 on 23/05/2012
Yet a further inroad into our sovereign right to decide our own rules. The object of prison is to both punish the prisoner, and to rehabilitate them . Juliet Lyons conveniently forgets that the rehabilitation rate; in this country at least is very low, and that is very largely due to the interference of her and her kind, inasmuch as gradually changing prison into some kind of home from home, with TV and in some cases jobs, Mobile 'phones. laptops, recreation facilities etc. indeed prison is now better than home life for some of them, that's why they keep going back Mrs. Lyons. Now she wants them to be allowed to vote. Did they worry about the human rights of their victims? No and in the case of murderers have taken life away let alone the franchise. This is a step too far. No vote for criminals. What are they going to do about it? Fine us? we refuse to pay. Will they then kick us out of the club? I think not. They would be doing us a favour and they know it. I would be more than happy to have a referendum, and stand by the results whatever they were. Would the europhiles? Let's have a vote on that and include prisoners
09:55 on 23/05/2012
Here we go again, the European court poking their noses into our affairs!
Its about time this badly run country pulled out of the corruptly, biased EU and turned its back on Brussells. We dont need them or their petty rules and laws, we should be governing ourselves as we were prior to the EU. If a person commits a crime and is sent to prison, regardless of how menial the offence committed, should have all of their privaleges removed until they have served their sentence.
10:54 on 23/05/2012
Thats how the Arab spring started because the public was being dictated to and their feeling ignored. Bit like in the UK and EU