34
YUMAK AND SADAK v. TURKEY JUDGMENT
political evolution of the country concerned, so that features that would be
unacceptable in the context of one system may be justified in the context of
another, at least so long as the chosen system provides for conditions which
will ensure the “free expression of the opinion of the people in the choice of
the legislature” (see, among other authorities, Mathieu-Mohin and Clerfayt,
cited above, § 54). That is why the Court must now assess the effects of the
correctives and other safeguards with which the impugned system is
attended.
(ii) Correctives and other safeguards
133. The Government submitted that the Turkish electoral system has
correctives which tend to counterbalance the threshold’s negative effects. In
that connection, they argued that, as the elections of 22 July 2007 had
confirmed, the applicants could have been elected in the elections of
3 November 2002 if they had stood as independent candidates or if their
party, DEHAP, had entered an electoral coalition with one of the large
parties.
134. The Court notes that the applicants did not really contest the
Government’s assertion that recourse to the above types of electoral strategy
could have given them a real chance of being elected to Parliament.
However, they emphasised the importance of political parties in
representative democracies, arguing that neither independent candidatures
nor the formation of alliances could take the place of independent political
parties, which played a crucial role as fundamental elements of democracy.
135. The Court must therefore determine whether the alternatives
referred to by the Government can be regarded as means to attenuate the
threshold’s negative effects.
136. As regards the possibility of standing as an independent candidate,
the Court, like the Chamber in paragraph 71 of its judgment, emphasises the
irreplaceable contribution made by parties to political debate. They act as
both an instrument which citizens can use to participate in electoral debate
and a tribune through which they can express their support for various
political programmes (see, mutatis mutandis, United Communist Party of
Turkey and Others, cited above, § 25). They can thus be distinguished from
other political actors such as independent candidates, who in general are
locally based. Similarly, the Court notes that in Turkey independent
candidates are subject to a number of unfavourable restrictions and
conditions not applicable to political parties. They must deposit a guarantee,
their names are not printed on the ballot slips supplied to frontier posts and
large airports, and they are not able to broadcast electoral messages whereas
all political parties have an express entitlement to air time on television and
radio (see paragraphs 35 and 38 above).
137. The Court notes however that this method cannot be considered to
be ineffective in practice. In the elections of 22 July 2007 in particular, the