Guide on Article 3 of Protocol No. 1 – Right to free elections 43. The case of Oran v. Turkey, 2014, concerned the inability for Turkish voters living abroad to vote for independent non-party candidates in polling stations set up in customs posts. Votes cast in those conditions could only be for political parties. That limitation was justified by the fact that it was impossible to assign expatriated voters to a constituency. The Court found that the limitation had to be assessed taking account of generally agreed restrictions on the exercise of voting rights by expatriates and, in particular, the legitimate concern the legislature might have to limit the influence of citizens resident abroad in elections on issues which primarily affect persons living in the country. It also emphasised the role played by political parties, the only bodies which could come to power and have the capacity to influence the whole national regime. Furthermore, the limitation also pursued two further legitimate aims: enhancing democratic pluralism while preventing the excessive and dysfunctional fragmentation of candidatures, thereby strengthening the expression of the opinion of the people in the choice of the legislature. Consequently, the restriction met the legislature’s legitimate concern to ensure the political stability of the country and of the government which would be responsible for leading it after the elections. There had not therefore been a violation of Article 3 of Protocol No. 1. European Court of Human Rights 13/35 Last update: 30.04.2021

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