CASE OF GAJCSI v. HUNGARY
Violation of Article 3 of Protocol No. 1 - Right to free elections-{general}
András Sajó;Helen Keller;Robert Spano
5. The applicant was born in 1955 and lives in Kaposvár. 6. The applicant suffers from a so-called psycho-social disability. On 3 October 2006 the Court found a violation of Article 5 § 1 concerning his psychiatric detention (see Gajcsi v. Hungary, no. 34503/03). 7. On 12 January 2000 the Fonyód District Court placed the applicant under partial guardianship. As an automatic consequence flowing from Article 70(5) of the Constitution, as in force at the relevant time, his name was deleted from the electoral register. 8. On 8 July 2008 the Kaposvár District Court reviewed the applicant’s situation and restored his legal capacity in all areas but health care matters. This change, however, did not restore his electoral rights. 9. The applicant could not vote in the general elections held in Hungary on 11 April 2010, due to the restriction on his legal capacity which resulted in the deprivation of his electoral rights.