site.btaJustice Ministry, Venice Commission Discuss Prisoners' Voting Right

Possible solutions to the constitutional issue of the absolute ban on voting by prisoners and Bulgarian citizens under legal incapacitation, and the experience of other countries, were the main topics raised by Minister of Justice Nikolay Naydenov at a meeting with rapporteurs from the Venice Commission, the Ministry of Justice reported on Friday. The meeting was attended by representatives of the Council of Europe's advisory body on human rights, Venice Commission Vice-President Eirik Holmoyvik, Deputy Justice Minister Irena Borisova, and experts from the Ministry of Justice.

The Ministry of Justice stated that the expertise of the Venice Commission was sought in connection with the implementation of decisions of the European Court of Human Rights (ECtHR) against Bulgaria in the 'Kulinski and Sabev v. Bulgaria' (the voting rights of prisoners) and the 'Anatoliy Marinov v. Bulgaria' (the voting rights of persons subject to limited legal incapacity) cases. The ECtHR holds that the automatic restriction of the right to vote, without taking into account the specific circumstances of each individual, contravenes the European Convention on Human Rights. The matter was referred to the Constitutional Court with a request for an interpretation of the voting ban in the Constitution, but the request was rejected by the Constitutional Court on the grounds that the provision is clear and cannot be altered through a binding interpretation, the Ministry of Justice said.

Naydenov said that, in recent years, the Ministry of Justice has made considerable efforts to address the problem. He added: "The challenge before us is to find a balanced and legally sound solution which, on the one hand, ensures compliance with the standards of the European Convention on Human Rights and, on the other, takes into account the specific circumstances of the affected groups of citizens. That is why the opinion of the Venice Commission, as well as the comparative analysis of the legal framework in other countries currently being carried out by the Commission, will be very useful."

Holmoyvik expressed his gratitude for the opportunity to discuss the issue and explore the best possible options. The report containing the Venice Commission's recommendations will be adopted at its plenary session in December.

In Sofia, the rapporteurs will also meet with the parliamentary groups in the 52nd National Assembly, the Central Election Commission, and the Ombudsman.