YUMAK AND SADAK v. TURKEY JUDGMENT
37
(iii) Conclusion
147. In conclusion, the Court considers that in general a 10% electoral
threshold appears excessive. In that connection, it concurs with the organs
of the Council of Europe, which have stressed the threshold’s exceptionally
high level and recommended that it be lowered (see paragraphs 58 and 130
above). It compels political parties to make use of stratagems which do not
contribute to the transparency of the electoral process. In the present case,
however, the Court is not persuaded that, when assessed in the light of the
specific political context of the elections in question, and attended as it is by
correctives and other guarantees which have limited its effects in practice,
the threshold has had the effect of impairing in their essence the rights
secured to the applicants by Article 3 of Protocol No. 1.
148. There has accordingly been no violation of that provision.
FOR THESE REASONS, THE COURT
Holds by thirteen votes to four that there has been no violation of
Article 3 of Protocol No. 1.
Done in English and in French, and delivered at a public hearing in the
Human Rights Building, Strasbourg, on 8 July 2008.
Vincent Berger
Jurisconsult
Boštjan M. Zupančič
President
In accordance with Article 45 § 2 of the Convention and Rule 74 § 2 of
the Rules of Court, the joint dissenting opinion of Judges Tulkens, Vajić,
Jaeger and Šikuta is annexed to this judgment.
B.M.Z.
V.B.