Britons living abroad who have lost their right to vote may soon win it back after the European Court of Human Rights asked the government to explain why they can't take part in general elections

The Telegraph, 31 | 01 | 2011 - Noticia

Under the current voting legislation, Britons who live overseas automatically lose their right to take part in general elections if they have lived abroad for more than 15 years.

Up until then, they can continue to vote providing they are on a list of overseas electors, and ballot papers are usually sent in by post in the run up to election day.

But now the coalition government is facing a challenge from Harry Shindler, a 90-year-old Second World War veteran living in Italy who has taken his case to the European Court of Human Rights in Strasbourg.

The court in turn has asked Britain to explain its actions. In its request it writes: "One of the major concerns of the Council of Europe is to preserve and strengthen democracy and civic rights of member states.

"Steps should therefore be taken to ensure that every national of a member state is able to exercise his political rights, at least in his country of origin, when he resides in another Council of Europe member state."

It says: "Due regard should be given to the voting rights of citizens living abroad. The right to vote is an essential freedom in every democratic system.".

It comes just a few weeks after Prime Minister David Cameron revealed that 28,000 prisoners are to be given the right to vote.

The government revealed the change last year in response to a ruling by the European Court of Human Rights six years ago that a 140 year old blanket voting ban on convicted prisoners in British jails was unlawful.

It said that ruling was discriminatory and the documents relating to overseas voting rights also suggests that Strasbourg views the current rules for them in a similar way.

The request from Strasbourg on overseas voting rules must be returned by April 7 and Mr Shindler believes he and hundreds of other Italy-based ex pats who are backing him have a strong case.

Mr Shindler, moved to Italy in the early 1980s and fought there with the British Army during the Second World War, he is also the representative of the Italy Star Association, a group for ex servicemen who fought in the country.

Mr Shindler, who lives near Ascoli Piceno, said: "When I first raised this in a letter with Jack Straw a few years ago he wrote back and told me that Britons abroad could not vote as they had broken their ties with Britain.

"That's absolute nonsense. I and countless others have not broken our ties with Britain we still have many friends and families there and we visit as often as we can.

"What is also very important is that many pensioners get their pensions from Britain and the government looks after these pensions so we should have a say in the election of that government.

"If people who have broken the law, are in jail – and in my book broken their ties with society more than people who live abroad – can be given the vote then why can't we?

"I truly believe the government will lose this and to prevent any further embarrassment to them I suggest that they concede now rather than take the long winded route through the European Court of Human Rights."

A Cabinet Office spokesman said: "The Government has been notified of the application and will respond to the Court.

"The right for UK citizens resident overseas to vote has been subject to a time limit since its introduction in 1985, although Parliament has adjusted the length of that limit on occasion. The Government keeps this under review."

Fuente original