YUMAK AND SADAK v. TURKEY JUDGMENT
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(south-eastern Turkey) 34,000 were needed. The distribution of seats among
the provinces was manifestly more favourable to the smaller provinces,
which made it possible to ensure that the principle of fair representation was
respected.
102. In conclusion, the Government submitted that, where the free
expression of the opinion of the people in the choice of the legislature was
not hindered, regulation of the electoral system and the system of political
representation of a State Party to the Convention fell outside the purview of
Article 3 of Protocol No. 1. The 10% threshold applied to political parties in
parliamentary elections did not prevent the people from expressing their
opinion freely on the choice of their representatives in Parliament. That had
been proved by the elections held on 22 July 2007. The conclusions of the
Chamber’s judgment of 30 January 2007 were therefore correct. The
Chamber had not departed from the Court’s case-law nor given a new
interpretation of Article 3 of Protocol No. 1.
C. The third-party intervener’s submissions
103. The non-governmental organisation Minority Rights Group
International agreed with the applicants. They said that the 10% threshold
was the highest national threshold in Europe. It had been introduced without
being accompanied by the slightest corrective measure which might have
remedied the problems it caused. On account of the threshold it was
absolutely impossible for a party operating on a regional basis to be
represented in Parliament. In Turkey that meant more precisely that none of
the Kurdish parties could enter Parliament even though in their own regions
these parties regularly achieved scores comparable with that reached by the
applicants in 2002 (over 45% of the votes cast). It was clear that all the
measures taken by the Government, centring on the 10% threshold, were the
result of a deliberate policy of exclusion. Moreover, even if the policy had
not been deliberate, the effects would have been the same.
104. In addition, the excessively high threshold ran counter to the object
and purpose of Article 3 of Protocol No. 1, namely guaranteeing the right to
the free expression of the opinion of the people in the choice of the
legislature. By depriving a whole segment of the population of the
possibility of one day being represented in Parliament by a party which
voiced its opinions, the national threshold removed the very essence of that
right. Such a serious and systematic interference with the rights of a whole
group, unique as it was among all European electoral systems, could not be
justified by the margin of appreciation left to the State and therefore
manifestly constituted a violation of the Convention.