ALAJOS KISS v. HUNGARY JUDGMENT
1
In the case of Alajos Kiss v. Hungary,
The European Court of Human Rights (Second Section), sitting as a
Chamber composed of:
Françoise Tulkens, President,
Ireneu Cabral Barreto,
Danutė Jočienė,
Dragoljub Popović,
András Sajó,
Nona Tsotsoria,
Kristina Pardalos, judges,
and Sally Dollé, Section Registrar,
Having deliberated in private on 29 April 2010,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in an application (no. 38832/06) against the
Republic of Hungary lodged with the Court under Article 34 of the
Convention for the Protection of Human Rights and Fundamental Freedoms
(“the Convention”) by a Hungarian national, Mr Alajos Kiss (“the
applicant”), on 1 September 2006.
2. The applicant was represented by Mr J. Fiala, Legal Officer of the
Mental Disability Advocacy Center, a non-governmental organisation with
its seat in Budapest. The Hungarian Government (“the Government”) were
represented by Mr L. Höltzl, Agent, Ministry of Justice and Law
Enforcement.
3. The applicant alleged that his exclusion – required by the Constitution
itself – from the electoral register solely on the strength of his placement
under partial guardianship amounted to a violation of Article 3 of Protocol
No. 1, read alone or in conjunction with Articles 13 and 14 of the
Convention.
4. On 26 January 2009 the President of the Second Section decided to
give notice of the application to the Government. It was also decided to
examine the merits of the application at the same time as its admissibility
(Article 29 § 3).
5. 6. The applicant and the Government each filed observations on the
merits (Rule 59 § 1 of the Rules of Court). The parties replied in writing to
each other's observations. In addition, third-party comments were received
from the Harvard Law School Project on Disability, which had been granted
leave by the President of the Chamber to intervene in the written procedure
(Article 36 § 2 of the Convention and Rule 44 § 2) on 11 May 2009. The