PARTY FOR A DEMOCRATIC SOCIETY (DTP) AND OTHERS v. TURKE - 21919/10 [2016] ECHR 46 (12 January 2016)

PARTY FOR A DEMOCRATIC SOCIETY (DTP) AND OTHERS v. TURKE - 21919/10 [2016] ECHR 46 (12 January 2016)

The Court found that the dissolution of the DTP and the loss of parliamentary mandates were not justified by a pressing social need and were not necessary in a democratic society. The evidence did not demonstrate that the DTP advocated violence or rejected democratic principles. The measures taken were...

Source-derived case information.

Citation
[2016] ECHR 46
Parties
Applicant: Parti pour une société démocratique (DTP); Applicant: Aysel Tuğluk; Applicant: Ahmet Türk; Applicant: Halit Kahraman; Applicant: Mehmet Salih Sağlam; Applicant: Abdulkadir Fırat; Applicant: Bedri Fırat; Applicant: Fehtah Dadaş; Applicant: Hüseyin Bektaşoğlu; Applicant: Ahmet Ay; Applicant: Sedat Yurtdaş; Respondent: Republic of Turkey
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation found
Legal Topics
Freedom of Association, Dissolution of Political Parties, Right to Free Elections, Political Participation, Minority Rights
Human Rights Law Constitutional Law Political Law Freedom of Association Dissolution of Political Parties Right to Free Elections Political Participation Minority Rights

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Parties

Parti pour une société démocratique (DTP)

Applicant

Aysel Tuğluk

Applicant

Ahmet Türk

Applicant

Halit Kahraman

Applicant

Mehmet Salih Sağlam

Applicant

Abdulkadir Fırat

Applicant

Bedri Fırat

Applicant

Fehtah Dadaş

Applicant

Hüseyin Bektaşoğlu

Applicant

Ahmet Ay

Applicant

Sedat Yurtdaş

Applicant

Republic of Turkey

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the dissolution of the DTP and the loss of parliamentary mandates violated Article 11 of the Convention and Articles 1 and 3 of Protocol No. 1
  2. 2 Whether the measures were necessary in a democratic society and proportionate to the legitimate aim pursued

Ratio Decidendi

The Court found that the dissolution of the DTP and the loss of parliamentary mandates were not justified by a pressing social need and were not necessary in a democratic society. The evidence did not demonstrate that the DTP advocated violence or rejected democratic principles. The measures taken were disproportionate and violated Article 11 of the Convention and Article 3 of Protocol No. 1.

Court Disposition

Violation found

Orders

  • The Court found a violation of Article 11 of the Convention and Article 3 of Protocol No. 1.
  • The Court ordered the respondent State to pay just satisfaction to the applicants.