NGOs under European Convention on Human Rights / Tymofeyeva

uprising or any other form of rejection of democratic principles. This was an essential factor taken into consideration. 980 In addition, the Court observed that the radical nature of the interference with the applicant’s rights. The party had been definitively dissolved with immediate effect, its assets had been liquidated and transferred ipso iure to the state treasury and its leaders had been banned from carrying on certain similar political activities. Therefore, the Court concluded that the applicant party’s dissolution had been disproportionate to the aim pursued and consequently unnecessary in a democratic society. On the contrary, the Grand Chamber did not find a violation of Article 11 of the Convention in the other Turkish case of Refah Partisi (the Welfare Party) and Others v. Turkey. 981 The application was submitted to the Court by a political party, its chairman and two vice-chairmen, all of whom were also members of the Turkish Parliament. Based on the votes in the 1995 general elections, the Welfare Party became the largest party in Parliament. In 1998, the Constitutional Court of Turkey ordered the dissolution of the party with reference to statements made by the second applicant with regard to the introduction of Sharia law and the institution of a theocracy, if necessary by force, which the court found to be contrary to the constitutional principle of secularism. As an automatic consequence of the dissolution, the party’s assets were transferred to the state treasury. Furthermore, the Constitutional Court decided to terminate the mandates of its Parliamentary members and ban them from founding or joining any other political party for five years. The Court concluded that, taking into account the importance of the principle of secularism for the democratic system in Turkey, the applicant party’s dissolution pursued the legitimate aims of protection of national security and public safety, prevention of disorder or crime and protection of the rights and freedoms of others. Therefore, such an interference was justified. 982 The Court ruled that dissolution of a political party was inconsistent with the Convention in the cases of Democracy and Change Party and Others v. Turkey , 983 Demokratik Kitle Partisi and Elçi v. Turkey , 984 Socialist Party and Others v. Turkey , 985 Dicle for the Democratic Party (DEP) of Turkey v. Turkey , 986 Socialist Party of Turkey (STP) and Others v. Turkey , no. 26482/95 987 and others. 988

980 Freedom and Democracy Party ( ÖZDEP ) [GC], cited above, § 40. 981 Refah Partisi (the Welfare Party) [GC], cited above. 982 AROLD, 2007, cited above, p. 208. 983 Democracy and Change Party, cited above. 984 Demokratik Kitle Partisi and Elçi, cited above. 985 Socialist Party, cited above. 986 Dicle for the Democratic Party (DEP), cited above. 987 Socialist Party of Turkey (STP), cited above. 988 Socialist Party, cited above.

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