According to Article 13 (1) (c), persons sentenced to detention in terms under a final decision of a court of law cannot vote while Article 13 (2) (c) stipulates that cannot be elected “individuals [who are] sentenced to jail terms by law court who expiate their punishments in prisons”. According to the practice of the European Court of Human Rights in the Hirst vs the United Kingdom case, a general limitation of the right to vote in parliamentary elections for persons in detention under a decision of the court is not proportional and violates Article 3 of the 1 Protocol to the ECHR. The elections of the Governor of Gagauzia are not parliamentary elections and the provisions mentioned seem not apply in this case. Nevertheless, clarifcations should be done between both restrictions as well as vis-à-vis the practice of the European Court of Human Rights and the issue of proportionality.. Indeed, a general restriction on all persons sentenced to imprisonment by a court, not taking into consideration the length of the imprisonment, could be disproportionate.
