SITAROPOULOS AND GIAKOUMOPOULOS v. GREECE JUDGMENT
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guarantees. It referred in that regard to the case-law of the European Court
of Human Rights and the United Nations Human Rights Committee:
“93. ... Like the European Court and this Commission, the UN Human Rights
Committee has recognized that the rights protected under Article 25 of the ICCPR
[International Covenant on Civil and Political Rights] are not absolute, but that any
conditions that apply to the right to political participation protected by Article 25
should be based on ‘objective and reasonable criteria’. The Committee has also found
that in light of the fundamental principle of proportionality, greater restrictions on
political rights require a specific justification.
...”
5. Human rights protection system based on the African Charter on
Human and Peoples’ Rights
30. Article 13 § 1 of this Charter is worded as follows:
“Every citizen shall have the right to participate freely in the government of his
country, either directly or through freely chosen representatives in accordance with
the provisions of the law.”
31. Taking the view that this provision was similar in substance to
Article 25 of the International Covenant, the African Commission on
Human and Peoples’ Rights interpreted Article 13 of the Charter in the light
of the Human Rights Committee’s General Comment on Article 25. It
therefore held that any conditions applicable to the exercise of Article 25
rights should be based on objective and reasonable criteria established by
law (see Purohit and Moore v. The Gambia, Communication no. 241/2001,
§ 76).
C. Comparative law
32. According to the comparative-law materials available to the Court
on the legislation of member States of the Council of Europe concerning the
right to vote from abroad, the majority of the countries concerned authorise
and have implemented procedures to allow their nationals resident abroad to
vote in parliamentary elections. However, the situation varies greatly and
the different scenarios do not lend themselves to classification into neat
categories. A distinction can nevertheless be made between two broad
categories: those member States which permit their citizens to vote from
abroad, on the basis of a variety of arrangements; and those which, as a
general rule, do not. Lastly, most of the member States which allow voting
from abroad lay down administrative procedures for the registration of
expatriates on the electoral roll.