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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

  1. JOINDER OF THE APPLICATIONS

6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

  1. ALLEGED VIOLATION OF ARTICLE 3 ProtOCOL No. 1

7. 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 caselaw regarding ineligibility to vote in elections (see, among other authorities, Hirst v. the United Kingdom (no. 2) [GC], no. 74025/01, §§ 56-71, ECHR 2005IX; 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, §§ 93100, 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.

  1. OTHER ALLEGED VIOLATIONS UNDER WELL-ESTABLISHED CASE-LAW

12. 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).

  1. APPLICATION OF ARTICLE 41 OF THE CONVENTION

13. Regard being had to the documents in its possession and to its caselaw (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,

  1. Decides to join the applications;
  2. Declares the applications admissible;
  3. 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;
  4. Holds that no separate issue arises under Article 14 of the Convention;
  5. 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