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.

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