Published on 10 May 2021

THIRD SECTION

Application no. 14581/20 Romeo KALDA against Estonia lodged on 12 March 2020 communicated on 19 April 2021

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s right to vote in the 2019 European Parliament elections.

The applicant is sentenced to life imprisonment. Under the European Parliament Election Act persons who have been convicted of a crime and who are serving their prison sentence do not have the right to vote in the European Parliament elections. The applicant ’ s application to be registered to vote in the 2019 European Parliament elections was, in substance, dismissed. The Tallinn Court of Appeal, when upholding this decision, referred to the judgements of the Supreme Court in cases no. 3-4-1-2-15 and no. 3-3-1-49-15). In these cases the Supreme Court had addressed the applicant ’ s previous applications to vote in the national parliament ( Riigikogu ) elections and in the European Parliament elections and had found that although the domestic law set a blanket ban on prisoners ’ voting rights, such a prohibition had been proportionate in the specific case of the applicant, given his criminal record. In the case at hand, the Tallinn Court of Appeal did not see a reason to err from these earlier judgments. The Supreme Court refused to examine the applicant ’ s appeal on points of law.

QUESTION TO THE PARTIES

Given the dismissal of his application to be registered to vote in the 2019 European Parliament elections and considering the domestic legislative framework, has there been a breach of the applicant ’ s right under Article 3 of Protocol No. 1 to the Convention to vote in free elections which ensure the free expression of the opinion of the people in the choice of the legislature (see, for example, Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, §§ 56-85, ECHR 2005 IX; Kulinski and Sabev v. Bulgaria , no. 63849/09, §§ 36-42, 21 July 2016; Anchugov and Gladkov v. Russia , nos. 11157/04 and 15162/05, §§ 93-112, 4 July 2013; Calmanovici v. Romania , no. 42250/02, §§ 150-54, 1 July 2008) ?