Published on The Estonian Supreme Court (https://www.riigikohus.ee) Home > Constitutional judgment 3-4-1-7-11 Constitutional judgment 3-4-1-7-11 JUDGMENT OF THE CONSTITUTIONAL REVIEW CHAMBER OF THE SUPREME COURT No. of case 3-4-1-7-11 Date of judgment 23 March 2011 Composition of court Chairman Märt Rask and members Jüri Põld and Harri Salmann Court Case Complaint of Teet Raatsin for declaration of invalidity of the voting results of the Riigikogu elections 2011. Hearing Written proceeding DECISION To dismiss the complaint of Teet Raatsin. FACTS, COURSE OF PROCEEDINGS AND JUSTIFICATIONS OF THE PARTICIPANTS IN THE PROCEEDING 1. Teet Raatsin filed a complaint to the National Electoral Committee on 9 March 2011 requesting declaration of invalidity of the voting results of the Riigikogu elections and based on that, to declare the Riigikogu elections null and void. In that complaint T. Raatsin found that § 4(3) and § 22(3) of the Riigikogu Election Act (REA) and § 58 of the Constitution are not in compliance with §§ 1, 3, 10, 11 and 56 of the Constitution, with constitutional basic principles of the Republic of Estonia and with principles arising from international agreements, such as the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) and the Charter of Fundamental Rights of the European Union. Namely, the European Court of Human Rights found in its judgment of 6 October 2005 in Case Hirst v the United Kingdom, and in judgment of 23 November 2010 in Case Greens and M. T. v the United Kingdom that the regulation applicable in the United Kingdom pursuant to which prisoners lack the possibility to vote while serving a sentence is in contradiction with the

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