HADEP and Demir v. Turkey, No. 28003/03, ECtHR (Second Section), 14 December 2010

Banning of a political party on the ground that it had spread separatist propaganda.

Art. 11 ECHR

1. A political party whose programme advocated a democratic solution to the Kurdish problem and whose statements did not encourage violence, armed resistance or insurrection could not be equated with armed groups carrying out acts of violence.

2. Even if a political party advocated the right to self-determination of an ethnic minority, that would not in itself be contrary to the fundamental principles of democracy and could not be equated to supporting acts of terrorism.

(In the present case, the Turkish Constitutional Court banned a pro-Kurdish political party, concluding that it had become a centre of illegal activities against the indivisible unity of the State with its nation, which included aiding and abetting the illegal Workers Party of Kurdistan).

According to the ECtHR, the dissolution of the pro-Kurdish applicant party breached article 11 of the Convention.