Compendium of Standards, Good Practices and Recommendations
aspect than of the “active” aspect.153 Although the Court has not considered restrictions
on candidature from serving members of the armed forces, it has upheld comparable
restrictions on civil servants and local government officers, which have the purpose of
ensuring political impartiality and ensuring that there is a distinction between elected
representatives and officials.154
The active aspect and the requirement to hold free elections by secret ballot are also
relevant in terms of arrangements made to ensure that armed forces members are able
to exercise the right to vote, regardless of military service. Most participating States that
responded to the ODIHR questionnaire enable service personnel to exercise their right to
vote in civilian polling stations. There are some circumstances of active deployment (such
as deployment in hard-to-reach locations and overseas) where the ability to exercise the
right to vote in military units is a concern, however. Thus, in Austria, for example, the armed
forces ensure that personnel on duty on election day are given the necessary time to vote in
a civilian polling station, or by postal ballot.
The Council of Ministers of the Council of Europe recommended in 2010 that:
“Any restrictions on the electoral rights of members of the armed forces
which are no longer necessary and proportionate in pursuit of a legitimate
aim should be removed.
Member states may impose restrictions on membership in the armed forces
during a member’s candidacy or, following election, during the term of office.”155
of 16 March 2006), para. 115; and Melnitchenko v. Ukraine (Application no. 17707/02, judgment of 19 October
2004), para. 57.
153
European Court of Human Rights, Etxeberria and Others v. Spain (Application Nos. 35579/03, 35613/03,
35626/03 and 35634/03, judgment of 30 June 2009), para. 50; and Davydov and Others v. Russia (Application
no. 75947/11, judgment of 30 May 2017), para. 286.
154
European Court of Human Rights, Ahmed and others v. the United Kingdom (Application no. 22954/93,
judgment of 2 September 1998); and Briķe v. Latvia (Application no. 47135/99, decision of 29 June 2000).
155
Council of Europe, Recommendation CM/Rec(2010)4, op. cit., note 26, paras. 38 and 39.
83
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