european-union elections case-law european-court-of-human-rights hungary
Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?
<p>This question arises out of a previous question on Hungary's prospects to  overturn autocratic rule after an unlikely election victor of the unified opposition titled: <a href="https://law.stackexchange.com/questions/75286/is-it-possible-that-the-ecj-will-annul-the-decrees-of-prima-facie-constitutional/76365#76365">Is it possible that the ECJ will annul the decrees of prima facie constitutional use of the Orban government in Hungary?</a>.</p>
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<p><strong>Is there any case law by the European Court of Human Rights in a matter where a High Contracting Party was found to have deprived its people of their right to free elections? If so, what cases are they?</strong></p>

<p>Yes, this has come before the Court.</p>
<p>Some prominent examples are -</p>
<ol>
<li><a href="https://www.eods.eu/elex/uploads/files/57cd780a57125-Mathieu-Mohin%20and%20Clerfayt%20v.%20Belgium.pdf" rel="noreferrer">Mathieu-Mohin and Clerfayt v Belgium (1987)</a>, the first time Article 3 was before the European Court of Human Rights, on the complex Belgian system of balancing French-speaking and Dutch-speaking electoral institutions</li>
<li>Matthews v United Kingdom (1999), on whether people in Gibraltar should be able to vote in elections to the European Parliament</li>
<li><a href="http://www.bailii.org/eu/cases/ECHR/2005/681.html" rel="noreferrer">Hirst v United Kingdom (No 2) (2005)</a>, on whether the UK could have a blanket ban on voting applicable to all prisoners</li>
<li><a href="https://hudoc.echr.coe.int/eng#%7B%22itemid%22:%5B%22001-158149%22%5D%7D" rel="noreferrer">Riza and others v Bulgaria (2015)</a>, on selective interference with the electoral count</li>
</ol>
<p>In all but the first of these, the Court found a violation of Article 3 of the Protocol. At other times, it has given deference to a State's particular processes, or ruled that a complaint was inadmissible because it did not pertain to the covered type of election.</p>
<p>You may be interested to read the Court's <a href="https://www.echr.coe.int/Documents/Guide_Art_3_Protocol_1_ENG.pdf" rel="noreferrer">guide</a> to its case-law on the topic (a 34-page PDF) which includes many more citations, and an explanation of the legal reasoning involved.</p>
