18
YUMAK AND SADAK v. TURKEY JUDGMENT
However, in the present case, the applicants’ case does not amount to an
actio popularis. In the elections of 3 November 2002 they were affected
directly and immediately by the impugned threshold (see, mutatis mutandis,
Moureaux and Others v. Belgium, no. 9267/81, Commission decision of
12 July 1983, Decisions and Reports (DR) 33, p. 97). Since the Chamber
gave judgment before the elections of 22 July 2007, it mainly took into
account the results of the elections of 3 November 2002 and the context in
Turkey at that time. The Court will now examine the case in the light of the
results of the parliamentary elections of 3 November 2002, but without
neglecting the elections of 22 July 2007, in which the applicants were
admittedly not candidates, but which nevertheless have some bearing on the
assessment of the effects of the electoral threshold complained of by the
applicants.
II. ALLEGED VIOLATION OF ARTICLE 3 OF PROTOCOL No. 1
74. The applicants alleged that the imposition of an electoral threshold
of 10% in parliamentary elections interfered with the free expression of the
opinion of the people in the choice of the legislature. They relied on
Article 3 of Protocol No. 1, which provides:
“The High Contracting Parties undertake to hold free elections at reasonable
intervals by secret ballot, under conditions which will ensure the free expression of
the opinion of the people in the choice of the legislature.”
A. The Chamber judgment
75. The Chamber found that the aim of the 10% electoral threshold
imposed in parliamentary elections was to strengthen governmental stability
by preventing excessive and debilitating parliamentary fragmentation. It
could also be considered necessary to achieve that aim and proportionate. It
accordingly concluded that “Turkey [had not] overstepped its wide margin
of appreciation with regard to Article 3 of Protocol No. 1, notwithstanding
the high level of the threshold complained of” (see paragraphs 66-79 of the
Chamber judgment).
B. The parties’ submissions
1. The applicants
76. The applicants contested the Chamber’s considerations, arguing that
it had made a restrictive and cursory interpretation of the right to free
elections.