ANATOLIY MARINOV v. BULGARIA JUDGMENT
B. Merits
1. The parties’ submissions
(a) The applicant
34. The applicant submitted that his exclusion from the possibility to vote
in elections on the basis of a generally applicable legal provision and without
an individual judicial assessment had been disproportionate and in violation
of his rights under Article 3 of Protocol No. 1 to the Convention.
35. In the applicant’s view, his case was similar to the case of Alajos Kiss
v. Hungary (no. 38832/06, 20 May 2010) in that he had lost his right to vote
as a result of an indiscriminate ban under Article 42 § 1 of the Constitution
(see paragraph 13 above). He submitted that there had been no individual
assessment of his ability to evaluate the consequences of his actions and to
make conscious choices within the context of the election procedure. His
disenfranchisement had been based solely on the fact that he had been placed
under partial guardianship.
36. The applicant submitted that the proportion of adults placed under
guardianship in Bulgaria and therefore affected by the voting restriction at
issue was comparable to that in Hungary – estimated at 0.75% of Hungary’s
voting-age population and discussed in the case of Alajos Kiss (cited above,
§ 39). He considered those figures to be relevant as they took into
consideration not only persons under partial guardianship, but also persons
placed under full guardianship – all of who were denied the right to vote. The
applicant added that the proportion of persons under partial guardianship in
Bulgaria amounted to about 0.014 % of the voting-age population.
37. Lastly, the applicant agreed with the third-party intervener (see
paragraph 42 below) that the exclusion of disabled people, including those
suffering from mental disorders, from the possibility to vote in elections was
in contravention of international standards (see paragraph 16 above). He
echoed the observations of the intervener that the Contracting States were
gradually implementing reforms aimed at recognising the right of suffrage of
all disabled people and that the implementation of such reforms everywhere
was only a matter of time.
(b) The Government
38. The Government submitted that the applicant had voluntarily placed
himself in a situation where his right to vote was limited under the relevant
national legislation; he had done this by failing to comply with the Ruse
Regional Court’s instructions to identify himself as the defendant in the case
before it and to provide an address at which he could be summoned
(paragraphs 7-9 above).
39. The Government furthermore emphasised the fact that the right to vote
was not absolute and could be subject to a number of restrictions. The
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