CEDH · CASELAW;COMMUNICATEDCASES;ENG — 10 octobre 2023

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .sA36B60A1 { font-family:Arial; font-style:italic }   Published on 30 October 2023   FOURTH SECTION Application no. 1048/20 Michael Christopher HORA against the United Kingdom lodged on 6 January 2020 communicated on 10 October 2023 SUBJECT MATTER OF THE CASE Following a conviction for rape and sexual assault, the applicant has been serving an indeterminate sentence of imprisonment for the public protection since 2007. Pursuant to section 3 of the Representation of the People Act 1983, he is not allowed to vote. A general election took place in the United Kingdom on 12   December 2019. The applicant was ineligible to vote in that election. He complains under Article 3 of Protocol No. 1.   QUESTION TO THE PARTIES Has there been a breach of the applicant’s right under Article 3 of Protocol   No. 1 to vote in free elections which ensure the free expression of the opinion of the people in the choice of the legislature, taking into account:   (a) the Court’s judgments in Hirst v. the United Kingdom (no. 2) ([GC], no.   74025/01, ECHR 2005 ‑ IX) and Greens and M.T. v. the United Kingdom , (nos.   60041/08 and 60054/08, ECHR 2010 (extracts));   (b) the respondent Government’s action report of 1 September 2018 submitted to the Committee of Ministers in respect of five judgments (including Hirst (no. 2) and Greens and M.T. , both cited above) transmitted to it by the Court pursuant to Article 46   §   2 of the Convention, indicating the measures adopted in order to give effect to the judgments (see document DH-DD(2018)843); and   (c) the subsequent decision of the Committee of Ministers of the Council of Europe to close its examination of these five cases on the basis of the wide margin of appreciation in this area, the administrative measures taken by the respondent Government and in particular the changes to policy and guidance to make it clear that two categories of prisoners who had previously been effectively disenfranchised were now able to vote (Resolution CM/ResDH(2018)467 adopted by the Committee of Ministers on 6   December 2018 at the 1331st meeting of the Ministers’ Deputies)?