DICLE FOR THE DEMOCRATIC PARTY (DEP) OF TURKEY v. TURKEY - 25141/94 [2002] ECHR 802 (10 December 2002)

DICLE FOR THE DEMOCRATIC PARTY (DEP) OF TURKEY v. TURKEY - 25141/94 [2002] ECHR 802 (10 December 2002)

The Court found that the dissolution of the Democratic Party (DEP) was not necessary in a democratic society and constituted a violation of Article 11. The Court also found a violation of Article 6 due to lack of fair trial guarantees.

Source-derived case information.

Citation
[2002] ECHR 802
Parties
Applicant: Dicle for the Democratic Party (DEP) of Turkey; Respondent: Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Final Judgment
Outcome
Application allowed. Violations of Article 11 and Article 6 found.
Legal Topics
Freedom of Association, Dissolution of Political Parties, Right to Fair Trial
Human Rights Law Freedom of Association Dissolution of Political Parties Right to Fair Trial

Source-derived case record

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Parties

Dicle for the Democratic Party (DEP) of Turkey

Applicant

Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the dissolution of the Democratic Party (DEP) violated Article 11 of the European Convention on Human Rights
  2. 2 Whether there was a violation of Article 6 (right to a fair trial)

Ratio Decidendi

The Court found that the dissolution of the Democratic Party (DEP) was not necessary in a democratic society and constituted a violation of Article 11. The Court also found a violation of Article 6 due to lack of fair trial guarantees.

Court Disposition

Application allowed. Violations of Article 11 and Article 6 found.

Orders

  • Turkey to pay just satisfaction to the applicant
  • Turkey to take measures to prevent similar violations in the future