FOURTH SECTION
DECISION
Application no. 566/10
Richard DUNN against the United Kingdom
and 130 other applications
(see list appended)
The European Court of Human Rights (Fourth Section), sitting on 13 May 2014 as a Chamber composed of:
	Ineta Ziemele, President,
	Päivi Hirvelä,
	George Nicolaou,
	Ledi Bianku,
	Zdravka Kalaydjieva,
	Paul Mahoney,
	Krzysztof Wojtyczek, judges,
and Françoise Elens-Passos, Section Registrar,
Having regard to the above applications lodged on various dates (see Appendix),
Having deliberated, decides as follows:
THE FACTS
1.  A list of the applicants is set out in the appendix. They were represented before the Court by Taylor & Kelly, a firm of solicitors based in Coatbridge.
A.  The circumstances of the case
2.  The applicants are convicted prisoners.
1.  The Dunn applicants
3.  Mr Dunn and 18 other applicants lodged their applications between 9 December 2009 and 26 March 2010. They complained that they were prevented from voting in the following elections: elections to the Scottish Parliament on 3 May 2007; elections to the European Parliament on 4 June 2009; and local government elections. They also noted in their application forms that “elections to the UK Parliament are forthcoming”. Following the lodging of their application forms, no further correspondence was received in respect of the applications.
2.  The Bonnar applicants
4.  Mr Bonnar and 110 other applicants lodged their applications between 17 November 2010 and 12 April 2011. They complained that they were prevented from voting in the following elections: elections to the Scottish Parliament on 3 May 2007; elections to the European Parliament on 4 June 2009; the parliamentary election on 6 May 2010; and local government elections. They also noted in their application forms that “elections to the Scottish Parliament are forthcoming”. Following the lodging of their application forms, no further correspondence was received in respect of the applications.
3.  Mr Hamza
5.  Mr Hamza lodged his application on 27 January 2010. On 18 August 2008 the Electoral Registration Officer had refused to register him on the electoral roll. The decision had been upheld by Aberdeen Sheriff Court on 10 November 2008. Mr Hamza complained about the refusal to register him on the electoral roll for domestic elections and the “forthcoming elections to the European Parliament”.
B.  Relevant domestic law and practice
6.  For details of the relevant domestic law and practice see the Court’s decision in McLean and Cole v. the United Kingdom (dec.), nos. 12626/13 and 2522/12, §§ 5-12, 11 June 2013.
COMPLAINTS
7.  The applicants (with the exception of Mr Hamza) complained under Article 3 of Protocol No. 1 to the Convention that they were subject to a blanket ban on voting in elections and had been prevented from voting in a number of elections (see paragraphs 3-4 above).
8.  Mr Hamza complained about the refusal to register him on the electoral roll for domestic and EU elections (see paragraph 5 above).
9.  Finally, the applicants complained of a violation of Articles 6 and 13 on the grounds that they were refused legal aid to pursue domestic proceedings in respect of their complaints and that they had no effective remedy to address their complaints under Article 3 of Protocol No. 1.
THE LAW
A.  Joinder of the applications
10.  Given their similar factual and legal background, the Court decides that the applications should be joined pursuant to Rule 42 § 1 of the Rules of Court.
B.  Complaints under Article 3 of Protocol No. 1 by the Dunn applicants and the Bonner applicants
11.  In McLean and Cole, cited above, § 24, the Court held that in order for a complaint concerning the right to vote at a particular election to be admissible, it had to be lodged within six months of the election in question.
12.  The dates of lodging of the applications in respect of the Dunn applicants were after 9 December 2009. The Dunn applicants’ complaints about the elections to the Scottish Parliament on 3 May 2007 and the European Parliament on 4 June 2009 have therefore been lodged outside the time-period allowed by Article 35 § 1 of the Convention and must be declared inadmissible pursuant to Article 35 § 4.
13.  The dates of lodging of the applications in respect of the Bonnar applicants were after 17 November 2010. The Bonnar applicants’ complaints about the elections to the Scottish Parliament in May 2007, the European Parliament in June 2009 and the United Kingdom Parliament on 6 May 2010 have therefore been lodged outside the time-period allowed by Article 35 § 1 of the Convention and must be declared inadmissible pursuant to Article 35 § 4.
14.  In McLean and Cole, cited above, § 30, the Court concluded that local government bodies in the United Kingdom did not form part of the “legislature” within the meaning of Article 3 of Protocol No. 1. The Dunn and Bonnar applicants’ complaints about their exclusion from local government elections are accordingly incompatible ratione materiae with the provisions of the Convention and its Protocols and inadmissible under Article 35 §§ 3 (a) and 4.
15.  At the time the Dunn applicants lodged their applications, elections to the United Kingdom Parliament were scheduled to take place on 6 May 2010. Although the Dunn applicants referred in their application forms to the “forthcoming” elections to the United Kingdom Parliament, they did not articulate clear complaints as regards any potential exclusion from those elections (see paragraph 3 above). Similarly, at the time the Bonnar applicants lodged their applications, elections to the Scottish Parliament were scheduled to take place on 5 May 2011. Although the Bonnar applicants referred in their application forms to the “forthcoming” elections to the Scottish Parliament, they did not articulate clear complaints as regards any potential exclusion from those elections (see paragraph 4 above). In these circumstances it is questionable whether any valid complaints about the elections in question have actually been made by the Dunn and Bonnar applicants.
16.  In any event, in their application forms the present applicants gave no details of the dates of their conviction or the lengths of their sentences. It was therefore far from evident that they were expected to be in post‑conviction detention on the date of the future elections in question. Even if these details had been provided, other relevant events might have occurred between the lodging of the applications and the date of the election. Such events include release from detention, for example, in accordance with early release provisions or following a successful appeal against conviction or sentence. In more extreme cases, transfer to a psychiatric hospital or even death might intervene to prevent an applicant from suffering any adverse effect from the ban on voting currently applied to prisoners. Although some of the applicants may well have remained in detention and therefore found themselves excluded from voting in the elections concerned, none of the applicants contacted the Court following the date of the election to confirm that this was the case.
17.  Satisfaction of the admissibility criteria in Articles 34 and 35 is a prerequisite for consideration of the substantive complaints lodged by applicants. This reflects the subsidiary nature of the Convention system. In its decision of 11 June 2013 in McLean and Cole, cited above, § 21, the Court expressly stated that “[a]s the legislation precluding the participation of prisoners in the franchise applies only to prisoners in detention following conviction, any applicant not in post-conviction detention on the date of the relevant election suffered no adverse effect as a result of the legislation”. It warned that if the first applicant in that case was not in post-conviction detention on the dates of the impugned elections, his complaints would be inadmissible on the basis that he could not claim to be a victim of any violation of Article 3 of Protocol No. 1. The applicants in the present case have had ample time even since that decision to supplement their applications by confirming that they were in post-conviction detention on the date of the elections which were “forthcoming” at the time of the lodging of their application forms. However, no such supplementary information has been received.
18.  In conclusion, even if the Dunn and Bonnar applicants are to be taken as having properly complained about elections that had not yet taken place by the date on which they lodged their application forms, they have failed to adduce the necessary facts to substantiate their complaints. The complaints must therefore be rejected as manifestly ill-founded pursuant to Articles 34 and 35 §§ 3 (a) and 4 of the Convention.
C.  Complaints under Article 3 of Protocol No. 1 by Mr Hamza
19.  Mr Hamza complained about the refusal to register his name on the electoral roll in 2008 and about his ineligibility to vote in domestic and European Parliamentary elections. Since he lodged his application in January 2010 it is plain that complaints about the 2008 refusal, any previous domestic elections and the June 2009 election were lodged outside the six‑month time-limit.
20.  In so far as he can be taken to have complained about his exclusion from voting in elections which had not yet occurred by the date on which he lodged his application, his complaint is inadmissible for the general reasons given at paragraphs 16-18 above.
D.  Other complaints
21.  The applicants also complained under Articles 6 and 13 of the Convention about their access to legal aid and the availability of effective remedies. Having regard to its findings in Greens and M.T. v. the United Kingdom, nos. 60041/08 and 60054/08, §§ 39-40, ECHR 2010 (extracts), and McLean and Cole, cited above, §§ 39-40, and in the light of all the material in its possession, the Court finds that these complaints do not disclose any appearance of a violation of the rights and freedoms set out in the Convention or its Protocols.
22.  It follows that the complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
For these reasons, the Court by a majority
Joins the applications;
Declares the applications inadmissible.
	Françoise Elens-Passos	Ineta Ziemele
	Registrar	President

No	Application No	Lodged on	Applicant
Date of birth
Place of residence	
1.		7408/09	27/01/2010	Mohammad HAMZA
19/05/1980
Peterhead

The Dunn applicants

No	Application No	Lodged on	Applicant
Date of birth
Place of residence	
2.		566/10	09/12/2009	Richard DUNN
12/10/1979
Tullibody
	
3.		578/10	09/12/2009	Thomas LEE
25/06/1968
Kilmarnock
	
4.		587/10	09/12/2009	Christopher WARD
17/02/1982
Tullibody
	
5.		596/10	09/12/2009	Robin JENKINS
20/05/1954
Peterhead
	
6.		626/10	09/12/2009	Colin SWANSON
25/04/1964
Perth
	
7.		638/10	09/12/2009	Francis MC VEY
05/04/1935
Dumfries
	
8.		2005/10	30/12/2009	James THOMSON
11/04/1951
Edinburgh
	
9.		3448/10	14/01/2010	John KENNEDY
18/01/1970
Dumfries
	
10.		7829/10	25/01/2010	Alistair FINDLAY
20/05/1959
Dumfries
	
11.		10264/10	11/02/2010	Darren NICOLL
13/11/1984
Perth
	
12.		15009/10	05/03/2010	John RUTH
21/07/1983
Peterhead
	
13.		15010/10	05/03/2010	Kenneth SMITH
04/12/1963
Dumfries
	
14.		15035/10	05/03/2010	Angus SINCLAIR
07/06/1945
Peterhead
	
15.		15204/10	03/03/2010	Brian TURNBULL
15/08/1965
Peterhead
	
16.		15223/10	03/03/2010	George TOWNSLEY
17/09/1954
Dumfries
	
17.		15246/10	03/03/2010	Alexander David MC CLURE
30/11/1975
Dumfries
	
18.		15860/10	11/03/2010	Brian HUNTER
20/05/1957
Peterhead
	
19.		16838/10	18/03/2010	Emile SZULA
27/05/1953
Forfar
	
20.		18022/10	26/03/2010	Patrick John NICOL
14/08/1981
Dundee

The Bonnar applicants

No	Application No	Lodged on	Applicant
Date of birth
Place of residence	
21.		20498/11	25/03/2011	Colin BONNAR
10/02/1979
Shotts
	
22.		62874/11	30/03/2011	Martin BLACK
09/03/1976
Shotts
	
23.		62984/11	18/03/2011	Charles BRANNAN
30/09/1969
Shotts
	
24.		63165/11	29/03/2011	John BROWN
07/10/1971
Edinburgh
	
25.		63208/11	22/12/2010	Paul BRYCELAND
08/06/1973
Shotts
	
26.		63469/11	17/11/2010	Gavin BROWN
10/11/1972
Shotts
	
27.		63498/11	07/02/2011	Trevor BUCK
04/11/1960
Stirling
	
28.		63911/11	16/01/2011	David CARRUTHERS
10/02/1975
Shotts
	
29.		63933/11	24/03/2011	Derek CARSWELL
01/12/1966
Kilmarnock
	
30.		64171/11	28/01/2011	Peter CHEAPE
10/06/1968
Tullibody
	
31.		64269/11	28/01/2011	James CLARK
09/12/1963
Kilmarnock
	
32.		64477/11	04/01/2011	John CLARKSON
15/12/1960
Shotts
	
33.		64609/11	07/02/2011	Kevin CONNOR
25/07/1973
Shotts
	
34.		64847/11	23/03/2011	Paul CURRAN
26/07/1974
Addiewell
	
35.		64860/11	24/11/2010	Gary CURRIE
15/02/1971
Bowhouse
	
36.		65112/11	20/01/2011	Christopher DENCH
07/09/1969
Tullibody
	
37.		65149/11	29/03/2011	Albert DICKIE
29/05/1948
Peterhead
	
38.		65165/11	23/03/2011	Gerald DOCHERTY
12/02/1967
West Lothian
	
39.		65543/11	05/01/2011	Aaron ELDER
18/06/1975
Shotts
	
40.		65580/11	10/03/2011	Paul FALCONER
10/12/1967
Tullibody
	
41.		65806/11	21/01/2011	Robert FISHER
18/02/1970
Addiewell
	
42.		65848/11	19/11/2010	John FORSYTH
09/08/1951
Peterhead
	
43.		65920/11	29/03/2011	Scott GIBB
09/04/1980
Tullibody
	
44.		65938/11	23/03/2011	Alan GILLESPIE
26/07/1985
Shotts
	
45.		66192/11	17/11/2010	George GOATEN
26/11/1981
Kilmarnock
	
46.		66243/11	24/03/2011	David GORLACH
17/12/1966
Shotts
	
47.		66263/11	19/01/2011	Patrick GORMAN
09/04/1978
Shotts
	
48.		66274/11	25/12/2010	Scott GOVAN
13/08/1976
Tullibody
	
49.		66283/11	10/03/2011	Neil GRAINGER
04/10/1974
Dundee
	
50.		66480/11	20/01/2011	Ronald GRANT
14/03/1945
Shotts
	
51.		66535/11	20/12/2010	John GREIG
26/06/1960
Shotts
	
52.		66549/11	20/12/2010	Gordon GRIEVE
16/04/1951
Peterhead
	
53.		66573/11	17/01/2011	Terry HADDOW
13/02/1948
Shotts
	
54.		66834/11	17/01/2011	Ian HARPER
10/08/1966
Shotts
	
55.		66836/11	29/03/2011	Manzoor HASSAN
25/07/1975
Edinburgh
	
56.		66863/11	23/03/2011	Kevin HAUGHIAN
15/01/1984
Shotts
	
57.		67172/11	28/01/2011	Benjamin HOLDING
15/02/1979
Shotts
	
58.		67200/11	20/11/2010	Stuart HONEST
02/10/1969
Greenock
	
59.		67249/11	24/03/2011	Daniel HOWIE
06/02/1983
Kilmarnock
	
60.		67541/11	24/03/2011	Graham IRVINE
05/11/1974
Kilmarnock
	
61.		67790/11	23/11/2010	Keith JORDAN
22/09/1965
Edinburgh
	
62.		67822/11	12/04/2011	Joe KEELEY
22/09/1981
Tullibody
	
63.		67846/11	17/11/2010	Colin KELLY
30/07/1978
Peterhead
	
64.		67863/11	17/11/2010	James KENNEDY
15/01/1972
Shotts
	
65.		68072/11	23/03/2011	Kevin KILLORAN
29/02/1968
Shotts
	
66.		68078/11	23/03/2011	Jason KINNAIRD
15/05/1981
Shotts
	
67.		68194/11	29/03/2011	Alexander LAUCHLAN
01/05/1976
Kilmarnock
	
68.		68543/11	11/01/2011	Samuel LOCKE
16/09/1966
Kilmarnock
	
69.		68551/11	19/01/2011	Steven LOGUE
06/02/1976
Tullibody
	
70.		68846/11	21/12/2010	Malcolm MACDONALD
13/03/1969
Edinburgh
	
71.		68873/11	23/11/2010	Gary MACKIE
14/08/1968
Kilmarnock
	
72.		68877/11	24/03/2011	John MACKIE
10/04/1973
Tullibody
	
73.		68883/11	28/01/2011	Stuart MAC NAB
08/10/1975
Tullibody
	
74.		68894/11	23/03/2011	Greig MADDOCK
21/02/1986
Perth
	
75.		69741/11	10/03/2011	Daniel MC ALPINE
10/11/1978
Shotts
	
76.		69864/11	24/03/2011	John MC CONNELL
07/02/1970
Tullibody
	
77.		70104/11	24/03/2011	James MC COLGAN
28/12/1987
Peterhead
	
78.		70111/11	07/01/2011	Brian MC CREADIE
14/01/1977
Scotland
	
79.		70140/11	17/01/2011	Darren Andrew MC COLE
02/05/1974
Lanarkshire
	
80.		70155/11	10/03/2011	Kyle MC CUSKER
27/05/1987
Clackmannanshire
	
81.		70168/11	12/04/2011	Mike MC CUSKER
01/07/1989
Tullibody
	
82.		70220/11	23/03/2011	Mark MC GARTLAND
05/06/1984
Shotts
	
83.		70235/11	17/01/2011	Gary MC GEOWN
14/09/1971
Shotts
	
84.		70247/11	29/03/2011	Brian MC GLOIN
21/10/1975
Glasgow
	
85.		70414/11	07/02/2011	Daniel MC GOWAN
09/01/1969
Shotts
	
86.		70425/11	28/01/2011	Robert MC GREGOR
30/12/1970
Kilmarnock
	
87.		70478/11	23/03/2011	Ronnie MCKAY
07/09/1962
Shotts
	
88.		71023/11	30/03/2011	James MC KINNEY
18/11/1978
Kilmarnock
	
89.		71049/11	01/01/2011	Terence MC MILLAN
01/12/1968
Addiewell
	
90.		71069/11	28/01/2011	James MC NEILL
25/09/1985
Glasgow
	
91.		71295/11	23/03/2011	Chris MC SORLEY
06/02/1984
Kilmarnock
	
92.		71332/11	28/01/2011	Steven Douglas MILLAR
26/04/1964
Tullibody
	
93.		71346/11	17/11/2010	Christopher MILLER
09/10/1984
Shotts
	
94.		71375/11	05/01/2011	Robert MILNE
22/11/1967
Addiewell
	
95.		71599/11	17/11/2010	Leslie MOOHAN
01/12/1982
Shotts
	
96.		71911/11	29/03/2011	Robert MUIR
21/02/1963
Glasgow
	
97.		71943/11	28/01/2011	Michael NISBET
03/04/1974
Edinburgh
	
98.		72669/11	29/03/2011	Peter PATON
08/04/1953
Edinburgh
	
99.		72685/11	24/03/2011	James PAUL
08/08/1974
Kilmarnock
	
100.		72705/11	23/03/2011	David PAUL
14/03/1950
Shotts
	
101.		72791/11	08/03/2011	John PIGGOTT
17/06/1936
Shotts
	
102.		73004/11	17/03/2011	Gary POLLAND
11/02/1987
Addiewell
	
103.		73014/11	31/03/2011	James HUGHES
13/03/1984
Tullibody
	
104.		73028/11	01/04/2011	Kevin SWINDELLS
20/12/1970
Edinburgh
	
105.		73034/11	31/03/2011	Colin GOURLAY
11/09/1961
Shotts
	
106.		73041/11	24/03/2011	Paul POLLIN
04/04/1977
Shotts
	
107.		73085/11	17/01/2011	Paul PRIOR
01/11/1973
Shotts
	
108.		73386/11	24/03/2011	Brian REDFERN
02/01/1983
Shotts
	
109.		73692/11	28/01/2011	Ritchie SEDGWICK
26/04/1985
Tullibody
	
110.		73918/11	24/03/2011	Paul SIMMONDS
04/06/1974
Shotts
	
111.		73962/11	24/03/2011	Robert SIMPSON
02/02/1949
Tullibody
	
112.		73993/11	20/12/2010	Ryan SMITH
07/10/1983
Peterhead
	
113.		74237/11	23/11/2010	Grant STEWART
25/09/1965
Peterhead
	
114.		74276/11	17/11/2010	Donald STONE
24/09/1984
Lanarkshire
	
115.		74284/11	23/11/2010	Neil STRACHAN
29/02/1968
Peterhead
	
116.		74288/11	23/03/2011	John STRUTHERS
15/01/1985
Tullibody
	
117.		75114/11	01/04/2011	Ian SUTHERLAND
19/08/1970
Tulibody
	
118.		75333/11	28/01/2011	Steven TAYLOR
13/07/1976
Shotts
	
119.		75391/11	24/03/2011	Barry THOMSON
07/10/1978
Shotts
	
120.		75396/11	28/03/2011	David THOMSON
28/06/1987
Kilmarnock
	
121.		75693/11	18/11/2010	Steven TRAIN
22/12/1955
Peterhead
	
122.		75742/11	24/03/2011	Brian VENUTI
01/10/1976
Addiewell
	
123.		76318/11	29/03/2011	Andrew WATT
22/03/1962
Edinburgh
	
124.		76336/11	28/01/2011	Brian WEBBER
10/08/1966
Kilmarnock
	
125.		76361/11	07/02/2011	Matthew WELSH
05/08/1975
Shotts
	
126.		76388/11	28/01/2011	Patrick WHITE
08/11/1980
Shotts
	
127.		76552/11	23/03/2011	James WILSON
02/01/1955
Kilmarnock
	
128.		76561/11	05/01/2011	John WILSON
13/04/1961
Tullibody
	
129.		76569/11	17/01/2011	Taylor WILSON
02/08/1981
Kilmarnock
	
130.		76576/11	17/11/2010	Simon WISEMAN
15/08/1972
Shotts
	
131.		76582/11	20/01/2011	Alex WOODSIDE
21/03/1977
Tullibody