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