Democracy and Change Party and Others v. Turkey, Nos. 39210/98, 39974/98, ECtHR (Fourth Section), 26 April 2005

Banning of a political party whose programme is regarded as liable to undermine the territorial integrity of the State and the unity of the nation. Promotion of the Kurdish language and recognition of the rights contained in international treaties for citizens of Kurdish origin.

Art. 11 ECHR

The dissolution of a political party cannot be reasonably considered as meeting a pressing social need and thus as being necessary in a democratic society, in the absence of a political programme liable to undermine democracy in the country and/or any invitation to the use of violence for political ends or any attempt to justify doing so.

(In the present case, the Turkish Constitutional Court banned a political party on the ground that, behind the stated intention of promoting the development of the Kurdish language, the real aim of the party’s constitution was to create minorities to the detriment of territorial integrity and national unity, thereby encouraging separatism and the division of the Turkish nation).

The ECtHR held unanimously that there had been a violation of article 11 of the Convention, since the applicant party had been dissolved purely on the basis of its programme, before it had had a chance to commence its activities, and the principles it defended were not, in themselves, contrary to the fundamental principles of democracy.