1st P – Article 3

Refusing to respond to a candidate’s request whether playing a Kurdish song in his election campaign was an offense did not limit or affect the effectiveness of his voting rights

Ahmet Yavuz Yılmaz v. Turkey 10.11.2020 (app. no. 48593/07)
Right to be elected. Possibility to play a Kurdish song in the election campaign of a candidate for MP.
The applicant is a lawyer and run in the national elections. He applied to the Electoral Council of his district to clarify if he could play a Kurdish song in his election campaign and if it was illegal, because the election law provided that the election campaign could only take place in Turkish, the The Supreme Court had ruled that the reproduction of a Kurdish song was not illegal. The Council replied that it had no jurisdiction to respond.

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Arbitrary exclusion of a party 3 days before the parliamentary elections due to alleged use of undeclared foreign funds. Violation of the right to stand for elections

JUDGMENT Political Party “Patria” and others v. Republic of Moldova 04.08.2020 ( app. no. 5113/15, 14963/15, 15910/15) see here  SUMMARY Right to be elected and to ensure equal and fair conditions for all candidates in an election campaign. Exclusion of a party three days before the parliamentary elections due to alleged use of undeclared foreign […]

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Procedure for examining a complaint about election results did not satisfy the effectiveness requirements of the Convention

GRAND CHAMBER JUDGMENT Mugemangango v. Belgium 10.7.2020 (no.  310/15) see here SUMMARY The case concerned a post-election dispute relating to the elections held on 25 May 2014. Before the Court, Mr Mugemangango complained about the procedure conducted by the Walloon Parliament after he had challenged the election results. He argued that the Walloon Parliament, which […]

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Prohibition of minority participation in national elections. Violation of the right to free elections and the right to non-discrimination

JUDGMENT Cegolea v, Romania 24.03.2020 (no. 25560/13) see here SUMMARY Minorities and the right to free elections. A legal representative of an institution representing the Italian minority in Romania claimed to have been discriminated against over the right to vote in the parliamentary elections of 09.12.2012. The institution of which he was a member and […]

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Exclusion of a candidate from parliamentary elections without sufficient guarantees. Violation of the right to free elections

JUDGMENT Abil v. Azerbaijan 5.12.2019 (no. 2) (appl. no. 8513/11) see here SUMMARY The case concerned the applicant being disqualified from running in parliamentary elections. The Court found that the procedures used by the election authorities, who had found the applicant liable for illegal campaigning before the permitted date, which had led to his disqualification, […]

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Gender quotas in combinations of candidates in national elections. Party exclusion due to gender quota violations in accordance with the ECHR

JUDGMENT Zevnik and others v. Slovenia 5.12.2019  (no. 54893/18) see here  SUMMARY Right to Free Elections and Electoral Legislation. Two of the applicants are political parties that have nominated themselves in the elections. These parties were owned by two of the applicants. Participation in the parties was rejected because there was no required quota of […]

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Strasbourg, the suspension of the plenary session of the Catalan Parliament and the freedom of assembly

JUDGMENT  Forcadell i Lluis and others v. Spain 28.05.2019  ( no. 75147/17) see here   SUMMARY  Suspension of the plenary session of the Catalan Parliament. Freedom of assembly. Suspension of law, ensuring public security and protection of the rights and freedoms of others. The applicants complained that the temporary suspension of the Parliament’s plenary session, ordered by the […]

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Prolonging the provisional detention of a Member of Parliament without sufficient justification violates the freedom of expression of the people’s will and his right to stand for election.

JUDGMENT  Selahattin Demirtaş v. Turkey  20.11.2018 (no. 2) (no. 14305/17)  see here   SUMMARY The case concerned the arrest and pre-trial detention of Mr Selahattin Demirtaş, who at the time of the events was one of the co-chairs of the Peoples’ Democratic Party (HDP), a left-wing pro-Kurdish political party. The Court accepted that Mr Demirtaş had […]

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The right to free elections does not include referendums

JUDGMENT Cumhuriyet Halk Partisi v. Turkey 30.11.2017 (no. 48818/17) see here   SUMMARY  The recent referendum in Turkey to extend the powers of the President has reached the  Court of Strasbourg. A referendum was held on 16 April 2017 in Turkey, which significantly strengthened the powers of the President of the Republic, including the power to […]

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The prohibition of exit polls before elections do not interfere with the right to freedom of expression or the right to free elections

JUDGMENT Dimitras and others v. Greece 07/09/2017 (no. 59573/09 and 65211/09) see here    SUMMARY The legislative ban on public exit polls 15 days before parliamentary elections and a ban on the publication of exit poll results until the closure of the polls does not violate the right to freedom of expression of voters or […]

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