10
KERIMOVA v. AZERBAIJAN JUDGMENT
importance of the democratic principles underlying the interpretation and
application of the Convention and has emphasised that the rights guaranteed
under Article 3 of Protocol No. 1 are crucial to establishing and maintaining
the foundations of an effective and meaningful democracy governed by the
rule of law (ibid., § 47; see also Hirst v. the United Kingdom (no. 2) [GC],
no. 74025/01, § 58, ECHR 2005-IX).
43. The rights bestowed by Article 3 of Protocol No. 1 are not absolute.
There is room for “implied limitations” and Contracting States have a wide
margin of appreciation in the sphere of elections (see Mathieu-Mohin and
Clerfayt, cited above, § 52; Matthews v. the United Kingdom [GC],
no. 24833/94, § 63, ECHR 1999-I; and Labita v. Italy [GC], no. 26772/95,
§ 201, ECHR 2000-IV). It is, however, for the Court to determine in the last
resort whether the requirements of Article 3 of Protocol No. 1 have been
complied with. In particular, 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
Mathieu-Mohin and Clerfayt, cited above, § 52, and Gitonas and Others
v. Greece, 1 July 1997, § 39, Reports of Judgments and Decisions 1997-IV).
Such conditions must not thwart the free expression of the people in the
choice of the legislature – in other words, they must reflect, or not run
counter to, the concern to maintain the integrity and effectiveness of an
electoral procedure aimed at identifying the will of the people through
universal suffrage (see Hirst (no. 2), cited above, § 62).
44. Furthermore, the object and purpose of the Convention, which is an
instrument for the protection of human rights, requires its provisions to be
interpreted and applied in such a way as to make their stipulations not
theoretical or illusory but practical and effective (see, among many other
authorities, United Communist Party of Turkey and Others v. Turkey,
30 January 1998, § 33, Reports 1998-I; Chassagnou and Others v. France
[GC], nos. 25088/94, 28331/95 and 28443/95, § 100, ECHR 1999-III; and
Lykourezos v. Greece, no. 33554/03, § 56, ECHR 2006-VIII). The right to
stand as a candidate in an election, which is guaranteed by Article 3 of
Protocol No. 1 and is inherent in the concept of a truly democratic regime,
would only be illusory if one could be arbitrarily deprived of it at any
moment. Consequently, while it is true that States have a wide margin of
appreciation when establishing eligibility conditions in the abstract, the
principle that rights must be effective requires that the eligibility procedure
contain sufficient safeguards to prevent arbitrary decisions (see Podkolzina
v. Latvia, no. 46726/99, § 35, ECHR 2002-II). Although originally stated in
connection with the conditions on eligibility to stand for election, the
principle requiring prevention of arbitrariness is equally relevant in other
situations where the effectiveness of individual electoral rights is at stake
(see Namat Aliyev v. Azerbaijan, no. 18705/06, § 72, 8 April 2010),