YUMAK AND SADAK v. TURKEY JUDGMENT
27
cannot be conducted under any form of pressure in the choice of one or
more candidates, and that in this choice the elector must not be unduly
induced to vote for one party or another (see X. v. the United Kingdom,
no. 7140/75, Commission decision of 6 October 1976, DR 7, p. 95).
Accordingly no form of compulsion must be brought to bear on voters as
regards their choice of candidates or parties. The word “choice” means that
the different political parties must be ensured a reasonable opportunity to
present their candidates at elections (ibid.; see also X. v. Iceland,
no. 8941/80, Commission decision of 6 December 1981, DR 27, p. 145).
109. As regards the general interpretation of Article 3 of Protocol No. 1,
the Court has set out in its case-law the following main principles (see,
among other authorities, Mathieu-Mohin and Clerfayt, cited above,
§§ 46-51; Ždanoka, cited above, § 115; Podkolzina v. Latvia, no. 46726/99,
§ 33, ECHR 2002-II; and Hirst v. the United Kingdom (no. 2) [GC],
no. 74025/01, § 61, ECHR 2005-IX):
(i) Article 3 of Protocol No. 1 seems at first sight different from the
other provisions of the Convention and its Protocols which guarantee rights,
as it is phrased in terms of the obligation of the High Contracting Parties to
hold elections which ensure the free expression of the opinion of the people
rather than in terms of a particular right or freedom. However, having regard
to the travaux préparatoires of Article 3 of Protocol No. 1 and the way the
provision has been interpreted in the context of the Convention as a whole,
the Court has established that Article 3 of Protocol No. 1 guarantees
individual rights, including the right to vote and the right to stand for
election (see Mathieu-Mohin and Clerfayt, cited above).
(ii) The rights enshrined in Article 3 of Protocol No. 1 are not absolute.
There is room for “implied limitations”, and Contracting States must be
given a wide margin of appreciation in this sphere (see, among other
authorities, Matthews v. the United Kingdom [GC], no. 24833/94, § 63,
ECHR 1999-I, and Labita v. Italy [GC], no. 26772/95, § 201, ECHR
2000-IV).
(iii) The concept of “implied limitations” under Article 3 of Protocol
No. 1 is of major importance for the determination of the relevance of the
aims pursued by the restrictions on the rights guaranteed by this provision.
Given that Article 3 is not limited by a specific list of “legitimate aims”
such as those enumerated in Articles 8 to 11, the Contracting States are
therefore free to rely on an aim not contained in that list to justify a
restriction, provided that the compatibility of that aim with the principle of
the rule of law and the general objectives of the Convention is proved in the
particular circumstances of a case. It also means that the Court does not
apply the traditional tests of “necessity” or “pressing social need” which are
used in the context of Articles 8 to 11. In examining compliance with
Article 3 of Protocol No. 1, the Court has focused mainly on two criteria:
whether there has been arbitrariness or a lack of proportionality, and