YUMAK AND SADAK v. TURKEY JUDGMENT
31
particular aim with the principle of the rule of law and the Convention’s
general objectives is established in the specific circumstances of a given
case.
120. In the applicants’ submission, the threshold served no legitimate
aim since it prevented a large part of the population from expressing its
choice regarding its representation in Parliament. The Government rejected
that argument, contending that the purpose of the threshold was to avoid
excessive parliamentary fragmentation and thus strengthen governmental
stability.
121. With regard to electoral systems, the Court’s task is to determine
whether the effect of the rules governing parliamentary elections is to
exclude some persons or groups of persons from participating in the
political life of the country (see Aziz v. Cyprus, no. 69949/01, § 28, ECHR
2004-V) and whether the discrepancies created by a particular electoral
system can be considered arbitrary or abusive or whether the system tends
to favour one political party or candidate by giving them an electoral
advantage at the expense of others (see X. v. Iceland, cited above).
122. The Court accepts that high thresholds may deprive part of the
electorate of representation. However, that circumstance alone is not
decisive. Such thresholds can work as a necessary corrective adjustment to
the proportional system, which has always been accepted as allowing for the
free expression of the opinion of the people even though it may operate to
the detriment of small parties when accompanied by a high threshold (see,
mutatis mutandis, Liberal Party, Mrs R. and Mr P. v. the United Kingdom,
no. 8765/79, Commission decision of 18 December 1980, DR 21, p. 211)
123. In Turkey the 10% threshold is a general rule which applies without
any distinction to all political party candidates whatever electoral
constituency they are standing in. Since 1983, when the threshold was
introduced, numerous parties with very varied political lines have been
unable to obtain any seats in Parliament, having failed to reach it. The
elections of 3 November 2002 illustrate the point: not only DEHAP, the
applicants’ party, but several other parties, in particular the DYP, the MHP,
the GP and the ANAP (who obtained 9.54%, 8.36%, 7.25% and 5.13% of
the votes cast respectively), failed to win any seats in Parliament (see
paragraph 18 above). In 1991 and 2007 a number of candidates following
the same political line as DEHAP managed to win seats, either on the ticket
of another political party or by standing as independents (see paragraphs 15
and 25 above).
124. In addition, the Turkish electoral system, like that of many member
States, is predicated on the context of a unitary State. In accordance with
Article 80 of the Constitution, MPs represent “the whole nation”, not “the
regions or persons which have elected them” (see paragraph 29 above); that
is precisely because of the unitary nature of the Turkish State. Each
province is represented in Parliament by at least one MP. The remaining