Election Law Provision Limiting Voting Rights for Convicts Found Unconstitutional

1-year prison sentences that restrict voting rights for convicts are unconstitutional, according to calls for a ruling from the Constitutional Court. The Public Interest and Human Rights Center of the Lawyers for a Democratic Society announced on September 4 that it filed a constitutional complaint on August 31 after two individuals, referred to as A and B, were deprived of their voting rights in the June 3 local elections.

Article 18, Section 2 of the Election Law states that those who have been sentenced to a prison term of one year or more, whose sentence has not been completed or whose execution has not been suspended, are among those without voting rights.

The center argued, "The purpose of the Election Law that restricts voting rights for convicts is fundamentally unjust. The principle of universal suffrage means that all citizens who reach a certain age should be granted voting rights without regard to social status, race, gender, religion, or education."

It continued, "While the legislative intent behind restricting voting rights often cites crime prevention and fostering a sense of lawfulness, the argument that depriving individuals of their voting rights serves as a deterrent to crime lacks credibility. No one considers that the fear of imprisonment would prevent them from committing a crime, especially when they know their voting rights will be restricted during their sentence."

The center emphasized that granting voting rights is essential for the reintegration of convicts into society, stating, "To help convicts reintegrate and maintain their identity as members of society, they should be granted the fundamental right to vote. Criminal responsibility and exercising citizenship are entirely different issues, and limiting the voting rights of citizens who bear criminal responsibility violates the constitution."

It also criticized the uniform restriction of voting rights based solely on a prison sentence of one year or more, arguing that this violates the constitutional principle of minimal infringement.

The center pointed out that even for individuals convicted of the same crime, the specifics of their sentences can vary based on the nature of the crime, prior convictions, and the judge's discretion. Yet, the Election Law treats all individuals sentenced to one year or more uniformly, depriving them of their voting rights without considering the nature of their offenses.

The center concluded that the National Assembly's choice of a one-year prison term as the threshold for voting rights deprivation lacks rational justification and is based on an irrational bias that some convicts' voting rights should be restricted, reflecting a purely legislative convenience.