CASE OF MEMISHEV AND OTHERS v. BULGARIA

  THIRD SECTION CASE OF MEMISHEV AND OTHERS v. BULGARIA (Applications nos. 49554/21 and 64 others – see appended list)             JUDGMENT   STRASBOURG 9 October 2025     This judgment is final but it may be subject to editorial revision. In the case of Memishev and Others v. Bulgaria, The European Court of Human Rights (Third Section), sitting as a Committee composed of:  Úna Ní Raifeartaigh, President  Mateja Đurović,  Vasilka Sancin, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 18 September 2025, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.  The case originated in applications against Bulgaria lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table. 2.  The applicants were represented by Ms S. Ivanova, a lawyer practising in Sofia. 3.  The Bulgarian Government (“the Government”) were given notice of the applications. THE FACTS 4.  The list of applicants and the relevant details of the applications are set out in the appended table. 5.  The applicants complained under Article 3 of Protocol No. 1 to the Convention of their ineligibility, as convicted prisoners, to vote in legislative elections. They also argued under Article 14 of the Convention that this was also in breach of the prohibition of discrimination. THE LAW JOINDER OF THE APPLICATIONS6.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment. ALLEGED VIOLATION OF ARTICLE 3 ProtOCOL No. 17.  The applicants complained principally of their ineligibility as convicted prisoners to vote in legislative elections. They relied, expressly or in substance, on Article 3 of Protocol No. 1 to the Convention. 8.  The Court refers to the principles established in its case‑law regarding ineligibility to vote in elections (see, among other authorities, Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, §§ 56-71, ECHR 2005‑IX; Scoppola v. Italy (no. 3) [GC], no. 126/05, §§ 81-87, 22 May 2012; and Anchugov and Gladkov v. Russia, nos. 11157/04 and 15162/05, §§ 93‑100, 4 July 2013). The essence of these principles, reiterated in all of these key cases, is that when disenfranchisement affects a group of people generally, automatically and indiscriminately, solely on the basis that they are serving a prison sentence, irrespective of the length of the sentence and irrespective of the nature or gravity of their offences and their individual circumstances, it is not compatible with Article 3 of Protocol No. 1. 9.  In the leading case of Kulinski and Sabev v. Bulgaria, no. 63849/09, 21 July 2016, the Court already found a violation in respect of issues similar to those in the present case. 10.  Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. 11.  These complaints are therefore admissible and disclose a breach of Article 3 of Protocol No. 1 to the Convention. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW12.  The applicants also complained under Article 14 of the Convention. Having regard to the conclusion above under Article 3 of Protocol No. 1, the Court considers that, while this part of the application is admissible, no separate issue arises under Article 14 of the Convention in the circumstances of the present case (compare Hirst (no. 2) [GC], cited above, §§ 87 and 89, and Anchugov and Gladkov, cited above, § 116). APPLICATION OF ARTICLE 41 OF THE CONVENTION13.  Regard being had to the documents in its possession and to its case‑law (see, in particular, Tingarov and Others v. Bulgaria, no. 42286/21, 10 October 2023), the Court considers that the finding of a violation constitutes sufficient just satisfaction in the present cases. FOR THESE REASONS, THE COURT, UNANIMOUSLY, Decides to join the applications;Declares the applications admissible;Holds that these applications disclose a breach of Article 3 of Protocol No. 1 to the Convention concerning the ineligibility of the applicants as convicted prisoners to vote in legislative elections;Holds that no separate issue arises under Article 14 of the Convention;Holds that the finding of a violation constitutes in itself sufficient just satisfaction.Done in English, and notified in writing on 9 October 2025, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.    Viktoriya Maradudina Úna Ní Raifeartaigh  Acting Deputy Registrar President     APPENDIX List of applications raising complaints under Article 3 of Protocol No. 1 of the Convention (ineligibility of convicted prisoners to vote in legislative elections) No. Application no. Date of introduction Applicant’s name Year of birth   Type of restriction Election details    49554/21 04/10/2021 Memish Aliev MEMISHEV 1982   Impossibility for the applicants, convicted prisoners, to vote in parliamentary elections   National parliamentary election, 04/04/2021    49575/21 04/10/2021 Georgi Valev VALEV 1958   National parliamentary election, 04/04/2021    49578/21 04/10/2021 Ramadan Asanov SHERIFOV 1981   National parliamentary election, 11/07/2021    49586/21 04/10/2021 Ivan Tsvetanov IVANOV 1983   National parliamentary election, 04/04/2021    49645/21 04/10/2021 Svetlomir Nikolov NESHKOV 1971   National parliamentary election, 04/04/2021    49646/21 04/10/2021 Emil Dimitrov MILEV 1965   National parliamentary election, 04/04/2021    49650/21 04/10/2021 Deniz Syuleymanov AHMEDOV 1989   National parliamentary election, 04/04/2021    49757/21 04/10/2021 Ivan Stoyanov IVANOV 1965   National parliamentary election, 04/04/2021    49759/21 04/10/2021 Chernyo Georgiev IVANOV 1976   National parliamentary election, 04/04/2021  49762/21 04/10/2021 Eduard Dimitrov PAVLOV 1968   National parliamentary election, 04/04/2021  49764/21 04/10/2021 Georgi Dimitrov DIMITROV 1982   National parliamentary election, 04/04/2021  49765/21 04/10/2021 Dragomir Tanev MANOLOV 1982   National parliamentary election, 11/07/2021  49767/21 04/10/2021 Petar Mitev DEMIREV 1980   National parliamentary election, 04/04/2021  49773/21 04/10/2021 Yuliyan Lyubomirov ZASHEV 1975   National parliamentary election, 04/04/2021  49790/21 04/10/2021 Miroslav Sabev SABEV 1966   National parliamentary election, 11/07/2021  49799/21 04/10/2021 Dragomir Tanev MANOLOV 1982   National parliamentary election, 04/04/2021  49800/21 04/10/2021 Miroslav Sabev SABEV 1966   National parliamentary election, 04/04/2021  49801/21 04/10/2021 Nazam Nazmi AZIZ 1981   National parliamentary election, 04/04/2021  49831/21 04/10/2021 Daniel Dimitrov DIMITROV 1974   National parliamentary election, 04/04/2021  49837/21 04/10/2021 Halil Adem HASAN 1973   National parliamentary election, 04/04/2021  49839/21 04/10/2021 Ramadan Asanov SHERIFOV 1981   National parliamentary election, 04/04/2021  50434/21 04/10/2021 Memish Aliev MEMISHEV 1982   National parliamentary election, 11/07/2021  5540/22 11/01/2022 Biser Yavorov MILANOV 1978   National parliamentary election, 11/07/2021  5542/22 11/01/2022 Emil Georgiev KOSTADINOV 1966   National parliamentary election, 11/07/2021  5544/22 11/01/2022 Halil Adem HASAN 1973   National parliamentary election, 11/07/2021  5545/22 11/01/2022 Daniel Dimitrov DIMITROV 1974   National parliamentary election, 11/07/2021  5546/22 11/01/2022 Deniz Syuleymanov AHMEDOV 1989   National parliamentary election, 11/07/2021  5549/22 11/01/2022 Ivan Tsvetanov IVANOV 1983   National parliamentary election, 11/07/2021  5551/22 11/01/2022 Eduard Dimitrov PAVLOV 1968   National parliamentary election, 11/07/2021  5553/22 11/01/2022 Svetlomir Nikolov NESHKOV 1971   National parliamentary election, 11/07/2021  5555/22 11/01/2022 Asen Hristov ASENOV 1976   National parliamentary election, 11/07/2021  5681/22 11/01/2022 Ivan Nikolaev RIBOV 1979   National parliamentary election, 11/07/2021  5682/22 11/01/2022 Georgi Dimitrov DIMITROV 1982   National parliamentary election, 11/07/2021  5684/22 11/01/2022 Petar Mitev DEMIREV 1980   National parliamentary election, 11/07/2021  5687/22 11/01/2022 Nikolay Stefanov PRAVCHEV 1974   National parliamentary election, 11/07/2021  5688/22 11/01/2022 Tsvetan Georgiev RANGELOV 1961   National parliamentary election, 11/07/2021  5691/22 11/01/2022 Hristo Atanasov ATANASOV 1959   National parliamentary election, 11/07/2021  5692/22 11/01/2022 Chernyo Georgiev IVANOV 1976   National parliamentary election, 11/07/2021  5711/22 11/01/2022 Ivan Stoyanov IVANOV 1965   National parliamentary election, 11/07/2021  5715/22 11/01/2022 Krasimir Tsvetkov KAMENOV 1974   National parliamentary election, 11/07/2021  26588/22 13/05/2022 Dragomir Tanev MANOLOV 1982   National parliamentary election, 14/11/2021  26596/22 13/05/2022 Encho Kostadinov ENCHEV 1970   National parliamentary election, 14/11/2021  26598/22 13/05/2022 Mitko Georgiev HARAKCHIEV 1968   National parliamentary election, 14/11/2021  26615/22 13/05/2022 Biser Yavorov MILANOV 1978   National parliamentary election, 14/11/2021  26618/22 13/05/2022 Emil Georgiev KOSTADINOV 1966   National parliamentary election, 14/11/2021  26619/22 13/05/2022 Yuliyan Lyubomirov ZASHEV 1975   National parliamentary election, 14/11/2021  26623/22 13/05/2022 Ivan Tsvetanov IVANOV 1983   National parliamentary election, 14/11/2021  26626/22 13/05/2022 Svetlomir Nikolov NESHKOV 1971   National parliamentary election, 14/11/2021  26635/22 13/05/2022 Asen Hristov ASENOV 1976   National parliamentary election, 14/11/2021  26644/22 13/05/2022 Tsvetan Georgiev RANGELOV 1961   National parliamentary election, 14/11/2021  6886/23 30/01/2023 Dragomir Tanev MANOLOV 1982   National parliamentary election, 02/10/2022  6887/23 30/01/2023 Kosta Rumenov KIROV 1980   National parliamentary election, 02/10/2022  6895/23 30/01/2023 Georgi Dimitrov DIMITROV 1982   National parliamentary election, 02/10/2022  6908/23 30/01/2023 Eduard Dimitrov PAVLOV 1968   National parliamentary election, 02/10/2022  6911/23 30/01/2023 Ivan Tsvetanov IVANOV 1983   National parliamentary election, 02/10/2022  6912/23 30/01/2023 Yuliyan Lyubomirov ZASHEV 1975   National parliamentary election, 02/10/2022  6914/23 30/01/2023 Krasimir Tsvetkov KAMENOV 1974   National parliamentary election, 02/10/2022  6920/23 30/01/2023 Svetlomir Nikolov NESHKOV 1971   National parliamentary election, 02/10/2022  30363/23 29/07/2023 Dragomir Tanev MANOLOV 1982   National parliamentary election, 02/04/2023  30369/23 29/07/2023 Miroslav Sabev SABEV 1966   National parliamentary election, 02/04/2023  30370/23 29/07/2023 Biser Yavorov MILANOV 1978   National parliamentary election, 02/04/2023  30373/23 29/07/2023 Georgi Valev VALEV 1958   National parliamentary election, 02/04/2023  30375/23 29/07/2023 Ivan Nikolaev RIBOV 1979   National parliamentary election, 02/04/2023  30383/23 29/07/2023 Svetlomir Nikolov NESHKOV 1971   National parliamentary election, 02/04/2023  30386/23 29/07/2023 Halil Adem HASAN 1973   National parliamentary election, 02/04/2023