Information Note on the Court’s case-law 18

May 2000

Sadak and Others v. Turkey (no. 2) (dec.) - 25144/94, 26149/95, 26150/95 et al.

Decision 30.5.2000 [Section III]

Article 11

Article 11-1

Freedom of association

Forfeiture by Members of Parliament of their seats following the dissolution of their party by the Constitutional Court: admissible

The applicants are former members of the Turkish National Asse mbly and members of the Democracy Party (DEP – Demokrasi partisi ). The DEP was founded in May 1993. In November of the same year the Principal Public Prosecutor asked the Constitutional Court to dissolve it. In March 1994, on an application by the Principa l Public Prosecutor of the competent National Security Court, the National Assembly lifted the applicants’ parliamentary immunity. All the applicants were arrested and taken into police custody when they left the parliament building, apart from two who rem ained inside under the protection of the Speaker. In June 1994 the Constitutional Court ordered the DEP’s dissolution for undermining the territorial integrity and unity of the State and forfeiture by all the applicants of their Assembly seats. In July 199 4 the Principal Public Prosecutor filed written submissions in which he accused the applicants of separatism and of undermining the integrity of the State. The National Security Court sentenced the applicants to various terms of imprisonment ranging from t hree to fifteen years. On appeal by the applicants and the Principal Public Prosecutor, the Court of Cassation quashed the convictions of two of the applicants (Türk and Yurttaş) and upheld those of the others.

Admissible under Articles 6, 7, 9, 10, 11 and 14 of the Convention and Articles 1 and 3 of Protocol No. 1.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes