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| Scottish prisoners challenge ban on voting in independence referendum | Scottish prisoners challenge ban on voting in independence referendum |
| (2 months later) | |
| Two Scottish prison inmates are launching a legal challenge to Alex Salmond's decision to bar all prisoners from taking part in next year's independence referendum. | Two Scottish prison inmates are launching a legal challenge to Alex Salmond's decision to bar all prisoners from taking part in next year's independence referendum. |
| The two men, both serving long-term sentences, accuse the first minister and the SNP government of breaching the European convention on human rights after refusing to allow them the right to vote on 18 September 2014. | The two men, both serving long-term sentences, accuse the first minister and the SNP government of breaching the European convention on human rights after refusing to allow them the right to vote on 18 September 2014. |
| The case is the latest in a series of challenges – upheld by European judges – to the UK-wide ban on prisoners voting. | The case is the latest in a series of challenges – upheld by European judges – to the UK-wide ban on prisoners voting. |
| It has been made public after the Scottish parliament voted down proposals to allow inmates to vote by a large majority on Thursday. | It has been made public after the Scottish parliament voted down proposals to allow inmates to vote by a large majority on Thursday. |
| Critics of the ban, including many of Scotland's most prominent civil rights groups, human rights lawyers and the Scottish TUC, believe the controversy has soured preparations for next year's referendum. | Critics of the ban, including many of Scotland's most prominent civil rights groups, human rights lawyers and the Scottish TUC, believe the controversy has soured preparations for next year's referendum. |
| They accuse the first minister of double standards after championing his government's decision to open up the referendum to all Scottish teenagers aged 16 and 17 on the grounds of fairness and democratic accountability. | They accuse the first minister of double standards after championing his government's decision to open up the referendum to all Scottish teenagers aged 16 and 17 on the grounds of fairness and democratic accountability. |
| That measure, the first time any national vote in the UK has been extended to under-18s, was passed by Holyrood on Thursday soon after MSPs voted down an amendment to the Scottish independence referendum (franchise) bill from the Scottish Liberal Democrats and Scottish Green party calling for prisoner voting. | That measure, the first time any national vote in the UK has been extended to under-18s, was passed by Holyrood on Thursday soon after MSPs voted down an amendment to the Scottish independence referendum (franchise) bill from the Scottish Liberal Democrats and Scottish Green party calling for prisoner voting. |
| Supporters of the move, including the Howard League for Penal Reform, the STUC and the Scottish human rights commissioner, Prof Alan Miller, argue that the legal and moral case for allowing prisoners to vote has been repeatedly upheld by the European court of human rights (ECHR). | Supporters of the move, including the Howard League for Penal Reform, the STUC and the Scottish human rights commissioner, Prof Alan Miller, argue that the legal and moral case for allowing prisoners to vote has been repeatedly upheld by the European court of human rights (ECHR). |
| The Scottish government insists that these rulings concern general and ordinary elections, and do not mention referendums. | The Scottish government insists that these rulings concern general and ordinary elections, and do not mention referendums. |
| Campaigners argue that the European convention extends this right to all elections and referendums, and point out that under UK law the franchise in a referendum can be extended to any group of people the government chooses. | Campaigners argue that the European convention extends this right to all elections and referendums, and point out that under UK law the franchise in a referendum can be extended to any group of people the government chooses. |
| Tony Kelly, the lawyer who is taking up the new case and who has already won a series of ECHR cases on prisoner voting, said neither man would be asking the courts to prevent the referendum going ahead. | Tony Kelly, the lawyer who is taking up the new case and who has already won a series of ECHR cases on prisoner voting, said neither man would be asking the courts to prevent the referendum going ahead. |
| They wanted the case heard quickly to ensure they could be granted a vote in good time, and their cases were now being studied by the Scottish Legal Aid Board. | They wanted the case heard quickly to ensure they could be granted a vote in good time, and their cases were now being studied by the Scottish Legal Aid Board. |
| Kelly believed the Scottish government had a very clear and unambiguous duty under the European convention. | Kelly believed the Scottish government had a very clear and unambiguous duty under the European convention. |
| "What's crucial to the reasoning of the court is that [the ban on voting] is automatic and indiscriminate, but to put a line through all serving prisoners is an anathema to the basic principles of the convention, which is broad-minded and tolerant," he said. | "What's crucial to the reasoning of the court is that [the ban on voting] is automatic and indiscriminate, but to put a line through all serving prisoners is an anathema to the basic principles of the convention, which is broad-minded and tolerant," he said. |
| The Scottish government's stance appeared to be boosted on Friday after seven judges at the European court of human rights threw out a case brought by a prisoner in England who was barred from voting in the AV referendum in 2011. In a case brought by Kevin Cole – heard alongside a separate case brought by Kelly for a Scottish prisoner, Joseph McLean, the judges noted that previous courts had said on several occasions that Article 3, protocol 1, of the convention only dealt with legislatures and not referendums. | The Scottish government's stance appeared to be boosted on Friday after seven judges at the European court of human rights threw out a case brought by a prisoner in England who was barred from voting in the AV referendum in 2011. In a case brought by Kevin Cole – heard alongside a separate case brought by Kelly for a Scottish prisoner, Joseph McLean, the judges noted that previous courts had said on several occasions that Article 3, protocol 1, of the convention only dealt with legislatures and not referendums. |
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