90. Referring to European Convention on Human Rights, it considers that36
postponement is a restriction to the periodicity of elections under article 3 of the
Protocol No. 1 to the Convention for the Protection of Human Rights and
Fundamental Freedoms that has to be foreseen by law, be necessary and
proportionate.
***
91. The Court recalls that it is asked whether it is possible to postpone elections
because of a situation of emergency, as is the case with the Covid-19 Pandemic.
First of all, the Court reaffirms the principle that elections must be held regularly
on the scheduled timeframe, as stated above (paragraph 51 above). The
postponement, therefore, constitutes an exception to this principle.
92. The Court notes that, unlike the holding of elections in a public health emergency
or a pandemic, in which rights are restricted in order to protect the health and
lives of the people, the postponement of elections entails the suspension of the
right of citizens to participate regularly in the governance of their countries
through elections, as provided for in Article 13(1) of the Charter and Articles 2(3)
and 3(4) both of the ACDEG.
93. The Court considers that the question may arise whether the Charter and other
instruments which it applies are susceptible to suspension in whole or in part in
emergency situations. The Court takes the view, however, that the question of
partial suspension of the Charter would arise only if the aspect of the right in
question is directly governed by the Charter. To that end, it is necessary to
examine the relevant provisions of the Charter as supplemented by the ACDEG.
36
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, ETS No.
009, adopted on 20 March 1952, entered into force on 18 May 1954.
27