YUMAK AND SADAK v. TURKEY JUDGMENT 21 of independent candidates were not printed on the ballot slips supplied to border areas, which meant that persons entering Turkish territory for the precise purpose of taking part in an election in a frontier polling station could not vote for independent candidates, a fact which considerably reduced such candidates’ chances of being elected. The impossibility for independent candidates to make electoral broadcasts, although all political parties had an express entitlement to air time on television and radio, was also a serious disadvantage (see paragraph 38 above). Lastly, the right of electors to choose, freely and equally, to be represented by parties – rather than independents, for example – and the right of all parties to compete on an equal footing were essential principles for the purposes of Article 3 of Protocol No. 1. 87. As regards the possibility of forming a coalition with other political parties with the aim of getting across the 10% threshold, the applicants pointed out that section 16 of Law no. 2839 prevented parties from presenting joint lists and from participating in parliamentary elections by forming perfectly legal coalitions. Further, they submitted that the political climate, marked by the rising strength of nationalism, made it impossible to form such alliances. 88. The applicants further explained that under section 36 of the Law on political parties a political party could not put up candidates for election if it was not implanted in the country (see paragraph 36 above). Moreover, under the same law, it was forbidden to create a party based on a particular ethnic group or region (see paragraph 37 above). That rule reflected the prevailing official ideology in Turkey. The absolute rejection of regional parties manifestly constituted a serious infringement of the principle previously stated by the Court that there is “no democracy without pluralism”. Account needed to be taken of the vast, multicultural nature of Turkish society, and the applicants and their party were bound to be penalised because, even if they sought support throughout the country by defending national policies, it was mainly a particular segment of the population which supported them. 89. In the applicants’ submission, one of the main aims of a democracy based on a system of elected parties was to ensure that political parties whose electorate was implanted wholly or mainly in a particular region could function and be elected freely, without restrictions, and that the electors who voted for them should be represented on an equal footing. If that principle was applied, it was obvious that the impossibility for DEHAP to enter Parliament when it had obtained more than 45% (about 2,000,000) of the votes cast in south-eastern Turkey significantly distorted representation. In addition, the obligation to operate at national level was to be seen in the context of a political culture which systematically ignored debate about “the Kurdish question”, manifestly blocking the free expression of the will of a large proportion of the people of south-eastern

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