Porter v United Kingdom (decision), 8 April 2003 [ECtHR]

Case no 15814/02

3. The applicant complains that the measures against her interfered unjustifiably with her right to hold political opinion and her freedom of expression and association, contrary to Article 9 (freedom of thought, conscience and religion), Article 10 (freedom of expression) and Article 11 (freedom of association). The essence of the applicants’ complaints under these provisions is that she has been unjustifiably and disproportionately penalised for conduct carried out by her as leader of Westminster Council with a view to increasing the vote for her party. 

(...) Insofar as the applicant also invokes Article 11, it is not apparent either that her ability to join a political party or participate in its normal, or lawful, activities was in the least affected by the measures complained of.

The Court finds therefore that none of these rights were engaged on the facts of the present case. It follows that this part of the application must be rejected as incompatible ratione materiae with the provisions of the Convention pursuant to Article 35 §§ 3 and 4 of the Convention.

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