5.  The applicant was born in 1966 and lives in İzmir. 6.  The applicant, a businessman, was convicted for having drawn a number of cheques without having sufficient funds in his bank account, an offence defined in the now repealed Law No. 3167 on Cheques (see “Relevant Domestic Law and Practice”). He was sentenced to a prison term of four years, eleven months and twenty-six days. He started serving his sentence on 11 April 2007. 7.  While he was serving his prison sentence in Buca Prison in İzmir, the applicant wrote to the High Council for Elections on 28 June 2007 and stated that his name was on the electoral roll for the forthcoming general elections of 22 July 2007. He added that this was possibly due to an error on the part of the High Council for Elections which must have overlooked the fact that he, as a convicted prisoner, was unable to vote. Referring to the judgment in the case of Hirst v. the United Kingdom (no. 2) [GC] (no. 74025/01, ECHR 2005‑IX) the applicant requested that he should nevertheless be allowed to cast his vote in the July 2007 elections. He added that the right to vote was a right guaranteed in, inter alia, Article 3 of Protocol No. 1. He argued that the Hirst judgment, when read in conjunction with section 90 of the Constitution (see “Relevant Domestic Law and Practice” below), meant that the High Council for Elections was under an obligation to make the necessary arrangements in order to enable him to vote. 8.  On 29 June 2007 the High Council for Elections replied to the applicant’s letter, and informed him that pursuant to section 7 § 3 of Law No. 298 (see “Relevant Domestic Law and Practice” below) it was not possible for him to vote. The High Council for Elections added that it was in the process of correcting its records to reflect the applicant’s status as a convicted prisoner. 9.  A similarly worded letter was sent to the applicant by the Chairman of the High Council for Elections on 2 July 2007. 10.  On 22 July 2007 general elections took place and the applicant was unable to cast his vote. 11.  Although the applicant’s prison sentence was to end on 1 April 2012, he was released from prison on probation on 9 April 2009 pursuant to Law No. 647 for good behaviour (see “Relevant Domestic Law and Practice” below). However, in accordance with the applicable legislation, the applicant’s inability to vote continued until 1 April 2012.