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

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