CASE OF KULINSKI AND SABEV v. BULGARIA
Violation of Article 3 of Protocol No. 1 - Right to free elections-{general} (Article 3 of Protocol No. 1 - Vote);No violation of Article 13 - Right to an effective remedy (Article 13 - Effective remedy);Non-pecuniary damage - finding of violation sufficient (Article 41 - Non-pecuniary damage;Just satisfaction)
André Potocki;Angelika Nußberger;Carlo Ranzoni;Erik Møse;Khanlar Hajiyev;Pavlina Panova;Síofra O’Leary;Yonko Grozev
6. The first applicant, Mr Kulinski, was convicted of hooliganism on 16 May 2008 in a final judgment of the Sofia City Court. He served his sentence in Sofia Prison between 6 November 2008 and 30 December 2009. Having served the entirety of his sentence, he was released on the latter date. 7. The second applicant, Mr Sabev, was convicted of robbery and murder and sentenced to whole-life imprisonment on 17 December 2003 in a final judgment of the Supreme Court of Cassation. The applicant is serving his sentence in Sofia Prison. On 3 September 2014 the VicePresident of Bulgaria, exercising the constitutional prerogative to grant clemency, commuted the applicant’s whole-life sentence to a “simple-life” sentence (see paragraph 16 below). 8. In 2009, while both applicants were serving their sentences, the following elections took place: elections to the European Parliament on 7 June 2009 and to the Bulgarian Parliament on 5 July 2009. No polling station was set up in the prison where the applicants were detained, as the relevant legislation excluded sentenced individuals from voting. 9. Subsequently, the second applicant was not allowed to vote in the elections to the Bulgarian Parliament on 12 May 2013 and 5 October 2014, nor in the European Parliament election on 25 May 2014.