Uspaskich v. Lithuania, No. 14737/08, ECtHR (Fourth Section), 20 December 2016

House arrest of candidate politician during parliamentary elections.

Art. 3, Prot. 1 ECHR

1.  Candidates in general elections, in accordance with Article 3 of Protocol No. 1, shall all have the right to stand for election on an equal footing, irrespective of the outcome of the elections.

2. The existence of a national system for the effective processing of individual complaints and appeals concerning electoral rights is one of the essential guarantees for free and fair elections.  Such a system ensures the effective exercise of the individual right to vote and stand as a candidate, maintains general confidence in the State's management of the electoral process and is an important tool at the disposal of the State to achieve the fulfilment of its positive obligation under Article 3 of ECHR Prot. 1 to hold democratic elections.
(The applicant, founder and chairman of the Lithuanian Labour Party, was placed under house arrest following the opening of a criminal investigation for financial fraud, during the period of the elections).