LABITA v. ITALY JUDGMENT 39 the real risk that persons suspected of belonging to the Mafia might exercise their right to vote in favour of other members of the Mafia, the temporary disenfranchisement of the applicant was not disproportionate. 200. The Commission, on the other hand, found the measure to have been disproportionate, particularly in view of the fact that the applicant had been acquitted and of the danger that he would subsequently be alienated from society. 201. The Court points out that implicit in Article 3 of Protocol No. 1, which provides for “free” elections at “reasonable intervals” “by secret ballot” and “under conditions which will ensure the free expression of the opinion of the people”, are the subjective rights to vote and to stand for election. Although those rights are important, they are not absolute. Since Article 3 recognises them without setting them forth in express terms, let alone defining them, there is room for implied limitations (see the Mathieu-Mohin and Clerfayt v. Belgium judgment of 2 March 1987, Series A no. 113, p. 23, § 52). In their internal legal orders the Contracting States make the rights to vote and to stand for election subject to conditions which are not in principle precluded under Article 3. They have a wide margin of appreciation in this sphere, but it is for the Court to determine in the last resort whether the requirements of Protocol No. 1 have been complied with; it has to satisfy itself that the conditions do not curtail the rights in question to such an extent as to impair their very essence and deprive them of their effectiveness; that they are imposed in pursuit of a legitimate aim; and that the means employed are not disproportionate (see the Gitonas and Others v. Greece judgment of 1 July 1997, Reports 1997-IV, pp. 1233-34, § 39, and Matthews v. the United Kingdom [GC], no. 24833/94, § 63, ECHR 1999-I). 202. The Court observes that persons who are subject to special police supervision are automatically struck off the electoral register as they forfeit their civil rights because they represent “a danger to society” or, as in the instant case, are suspected of belonging to the Mafia (see paragraphs 107 and 110 above). The Government pointed to the risk that persons “suspected of belonging to the Mafia” might exercise their right of vote in favour of other members of the Mafia. 203. The Court has no doubt that temporarily suspending the voting rights of persons against whom there is evidence of Mafia membership pursues a legitimate aim. It observes, however, that although the special police supervision measure against the applicant was in the instant case imposed during the course of the trial, it was not applied until the trial was over, once the applicant had been acquitted on the ground that “he had not committed the offence”. The Court does not accept the view expressed by the Government that the serious evidence of the applicant's guilt was not rebutted during the trial. That affirmation is in contradiction with the tenor of the judgments of the Trapani District Court (see paragraph 23 above) and

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