European Court of Human Rights: disenfranchisement of convicted prisoners provided for under Italian law does not violate the ECHR

With the Grand Chamber judgment of 22 May 2012 in the case Scoppola v. Italy (3), which is final, the European Court of Human Rights held, by a majority (16 to 1), that the disenfranchisement of convicted prisoners established by Italian law does not amount to a disproportionate interference with the applicant’s right to vote protected by Article 3 of Protocol n. 1.

The applicant, an Italian national sentenced to life imprisonment in 2002 (later commuted to 30 years’ following a judgment of the European Courts of Human Rights in 2009), complained that the Italian legal provisions defining the circumstances for the disenfranchisement of convicted persons (art 28 and 29 of the criminal code) violated his right of political participation because of their automatic and indiscriminate nature.

In its Chamber judgment of 18 January 2011 the Court, reaffirming the principles set out in the Hirst v. United Kingdom case, had unanimously condemned Italy, founding a violation of article 3 of Protocol n. 1. On June 2011 the panel of the Grand Chamber accepted the request of the Italian Government that the case be referred to the Grand Chamber according to article 43 of the Convention. The Court, which held a hearing in Strasbourg on 2 November 2011, had authorized the Government of the United Kingdom to submit comments as a third party.

The text of the judgment is available at the link indicated below.

Last update

12/6/2012