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YUMAK AND SADAK v. TURKEY JUDGMENT
83. The applicants submitted that the Court should take account of the
following factors: firstly, the crucial role of pluralism as a pillar of
democracy and the consequent importance of political parties, particularly
those which act to ensure that a particular region of a country can make its
voice heard in Parliament; secondly, the fact that the electoral threshold
used in Turkey was the highest among the member States of the Council of
Europe and, since there were no corrective measures, the fact that it
hindered the expression of certain social groups; thirdly, and lastly, the
special situation in Turkey and the effects of the threshold in practice,
namely the impossibility for any party based in one region to be represented
in the National Assembly. If those factors were not taken into consideration,
the right to free elections would be left to the arbitrary interpretation of
individual States, which could use that fact to plead justification for
thresholds higher than 10%.
84. The applicants also argued that the 10% threshold was not in
conformity with the common European standard. The national threshold
adopted in Turkey was the highest in Europe, or possibly in the world. If
that threshold had been applied in other countries, a number of wellestablished parties would no longer participate in government; that would
apply, for example, to the Free Democrats in Germany, the centrist and
Christian parties in Scandinavia, the Greens in the Netherlands and the
centre-left and the right in Italy. In most countries which had introduced a
threshold, the level chosen was 5% (in 2001 the average was 4.25% in
central and eastern Europe). Even countries which were experiencing
serious problems regarding integration and which needed to stabilise party
representation, in view of the existence of independent or very small parties,
had not seen fit to impose thresholds twice as high. The applicants pointed
out, by way of example, that in the 2002 elections an electoral threshold of
5% would have enabled eight parties (out of the eighteen which put up
candidates), including DEHAP, to win seats in the Turkish Parliament,
instead of just the two main national parties.
85. The argument that the applicants or other members of their party
could have participated in the elections as independent candidates �� one of
the Government’s main arguments and one of the grounds on which the
Chamber had based its decision – disregarded the role of parties in the
context of the political system. Neither independent candidatures nor the
formation of alliances could take the place of independent political parties,
since these played an essential role as fundamental elements of democracy.
It was obvious that candidates who stood in their own name and were able
to count only on their own limited personal and financial resources could
not compete with parties which had considerable logistical and financial
resources.
86. Moreover, in Turkey independent candidates were subject to a
number of unfavourable restrictions and conditions. For example, the names