YUMAK AND SADAK v. TURKEY JUDGMENT
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of independent candidates were not printed on the ballot slips supplied to
border areas, which meant that persons entering Turkish territory for the
precise purpose of taking part in an election in a frontier polling station
could not vote for independent candidates, a fact which considerably
reduced such candidates’ chances of being elected. The impossibility for
independent candidates to make electoral broadcasts, although all political
parties had an express entitlement to air time on television and radio, was
also a serious disadvantage (see paragraph 38 above). Lastly, the right of
electors to choose, freely and equally, to be represented by parties – rather
than independents, for example – and the right of all parties to compete on
an equal footing were essential principles for the purposes of Article 3 of
Protocol No. 1.
87. As regards the possibility of forming a coalition with other political
parties with the aim of getting across the 10% threshold, the applicants
pointed out that section 16 of Law no. 2839 prevented parties from
presenting joint lists and from participating in parliamentary elections by
forming perfectly legal coalitions. Further, they submitted that the political
climate, marked by the rising strength of nationalism, made it impossible to
form such alliances.
88. The applicants further explained that under section 36 of the Law on
political parties a political party could not put up candidates for election if it
was not implanted in the country (see paragraph 36 above). Moreover,
under the same law, it was forbidden to create a party based on a particular
ethnic group or region (see paragraph 37 above). That rule reflected the
prevailing official ideology in Turkey. The absolute rejection of regional
parties manifestly constituted a serious infringement of the principle
previously stated by the Court that there is “no democracy without
pluralism”. Account needed to be taken of the vast, multicultural nature of
Turkish society, and the applicants and their party were bound to be
penalised because, even if they sought support throughout the country by
defending national policies, it was mainly a particular segment of the
population which supported them.
89. In the applicants’ submission, one of the main aims of a democracy
based on a system of elected parties was to ensure that political parties
whose electorate was implanted wholly or mainly in a particular region
could function and be elected freely, without restrictions, and that the
electors who voted for them should be represented on an equal footing. If
that principle was applied, it was obvious that the impossibility for DEHAP
to enter Parliament when it had obtained more than 45% (about 2,000,000)
of the votes cast in south-eastern Turkey significantly distorted
representation. In addition, the obligation to operate at national level was to
be seen in the context of a political culture which systematically ignored
debate about “the Kurdish question”, manifestly blocking the free
expression of the will of a large proportion of the people of south-eastern