By Ricardo Zamora

Impunity Watch Reporter, Europe

STRASBOURG, France – Despite a 2005 European Court of Human Rights (ECHR) decision finding blanket restrictions on prisoners’ right to vote illegal, the United Kingdom has continued denying prisoners in England and Whales the right to vote.

In June, the influential European body, the Committee of Ministers of the Council of Europe (CMCE), an inter-governmental organization that oversees and enforces ruling made by the ECHR, called on the ECHR for action against the UK policy.

The ECHR responded to the CMEC’s concerns in its October, Frodl, decision, finding that, with few exceptions, any denial to prisoners of the right to vote violates EU law.

Adam Wagner, a human rights barrister at One Crown Office Row chambers, wrote on his blog: “The now-final decision in Frodl…effectively ruled that the disenfranchisement of prisoners could only happen on rare occasions: namely, where a prisoner was detained as a result of the abuse of a public position or a threat to undermine the rule of law or democratic foundations.”

The Daily Telegraph disclosed this week that the British Government, currently faced with a similar challenge in its courts, appears to have changed it’s approach and is instead focusing on how to deny the maximum number of prisoners the right to vote without breaking the law.

The government is now seeking denial of the voting right to individuals serving sentences of more than four years.  But even this approach may be illegal in the wake of Frodl.

David Davis, former Tory shadow home secretary, maintains that the decision was none of the European Court’s business.  Davis maintains that the issue had been decided long ago by parliament.

In a response to the ECHR’s decision, Davis noted that the Court “said in the judgment that one of the reasons they made this decision was because there had been no debate in Parliament.”  “Well, maybe they didn’t got back to 1867.  Maybe they didn’t realize there was a democracy here then, but that’s when it was debated and we made a decision,” he added.

Telegraph.co.uk reports that the British Government is expected to decide how to amend the law before a meeting of the Committee of Ministers of the Council of Europe in December.

For more information, please see:

BBC News – Senior Conservative Calls For Prison Vote Debate – 11.05.10

Deutsche Welle – Postcard from Europe: UK Prisoners to Get the Vote – 11.05.10

Telegraph – Jailed MPs Could Be Denied Vote After Latest European Ruling – 11.05.10