CEDH · CASELAW;JUDGMENTS;GRANDCHAMBER;ENG — 25 mai 1998

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margin-left:11.5pt; margin-bottom:0pt; text-align:justify; font-size:12pt } .s58092646 { width:45.2pt; display:inline-block } .sC202EACC { clear:both; mso-break-type:section-break } .sF6A12959 { width:33%; height:1px; text-align:left } .s3133A7C8 { font-family:Arial; color:#0069d6 }         CASE OF SOCIALIST PARTY AND OTHERS v. TURKEY   (20/1997/804/1007)                       JUDGMENT   STRASBOURG     25 May 1998     The present judgment is subject to editorial revision before its reproduction in final form in Reports of Judgments and Decisions 1998. These reports are obtainable from the publisher Carl Heymanns Verlag KG (Luxemburger Straße 449, D-50939 Köln), who will also arrange for their distribution in association with the agents for certain countries as listed overleaf.   List of Agents     Belgium : Etablissements Emile Bruylant (rue de la Régence 67,   B-1000 Bruxelles)   Luxembourg : Librairie Promoculture (14, rue Duchscher   (place de Paris), B.P. 1142, L-1011 Luxembourg-Gare)   The Netherlands : B.V. Juridische Boekhandel & Antiquariaat   A. Jongbloed & Zoon (Noordeinde 39, NL-2514 GC 's-Gravenhage) SUMMARY [1] Judgment delivered by a Grand Chamber Turkey – dissolution of a political party by the Constitutional Court I.     Article 11 of the Convention A.   Applicability of Article 11 Political parties were a form of association essential to proper functioning of democracy – in view of importance of democracy in Convention system, there could be no doubt that political parties came within scope of Article 11. An association was not excluded from protection afforded by Convention simply because its activities were regarded by national authorities as undermining constitutional structures of State and calling for imposition of restrictions. B.   Compliance with Article 11 1.     Whether there was an interference Yes, as regards all three applicants. 2.   Whether the interference was justified (a)   “Prescribed by law” Common ground. (b)   Legitimate aim Protection of “national security”. (c)   “Necessary in a democratic society” Article 11 had also to be considered in light of Article 10 – political parties had essential role in ensuring pluralism and proper functioning of democracy. Statements of Chairman of SP on which Constitutional Court based its decision to dissolve party: contained invitation to people of Kurdish origin to rally together and assert certain political claims, but no call to use violence, rebel or otherwise reject democratic principles. Statements in issue also presented political programme aimed at establishing federal system in Turkey – fact that such a programme was considered incompatible with current principles and structures of Turkish State did not make it incompatible with rules of democracy – it was of essence of democracy to allow diverse political programmes to be proposed and debated, even those that called into question way a State was currently organised, provided that they did not harm democracy itself. Chairman of SP had been acquitted in National Security Courts, where he had been prosecuted in respect of same statements. Interference in question had been radical: SP had been dissolved with immediate and permanent effect, its assets liquidated and transferred ipso jure to the Treasury and its leaders banned from carrying on certain similar political activities – measures as severe as those could only be applied in most serious cases. It had not been established how, in spite of fact that in making them their author had declared attachment to democracy and expressed rejection of violence, statements in issue could be considered to have been in any way responsible for problems terrorism posed in Turkey – no need either to bring Article 17 into play. Conclusion : violation (unanimously). II.     Articles 9, 10, 14 and 18 of the Convention Complaints related to same facts as those considered under Article 11. Conclusion : unnecessary to decide that issue (unanimously). III.     Articles 1 and 3 of Protocol N o . 1 Measures complained of were incidental effects of SP's dissolution. Conclusion : unnecessary to decide that issue (unanimously). IV.   Article 6 § 1 of the Convention In view of conclusion concerning compliance with Article 11, unnecessary to examine that complaint. Conclusion : unnecessary to decide that issue (unanimously). V.     Article 50 of the Convention A.   Annulment of order for dissolution Court had no jurisdiction to order such a measure. B.   Damage, costs and expenses Pecuniary damage and costs and expenses: no evidence in support – claim dismissed. Non-pecuniary damage: assessed on equitable basis. Conclusion : respondent State to pay applicants specified sum for non-pecuniary damage (unanimously). COURT'S CASE-LAW REFERRED TO 16.12.1992, Hadjianastassiou v. Greece; 20.9.1993, Saïdi v. France; 26.9.1995, Vogt v. Germany; 3.7.1997, Pressos Compania Naviera S.A. and Others v. Belgium ( Article 50 ); 25.11.1997, Zana v. Turkey; 30.1.1998, United Communist Party of Turkey and Others v. Turkey In the case of Socialist Party and Others v. Turkey [2] , The European Court of Human Rights, sitting, in accordance with Rule   51 of Rules of Court A [3] , as a Grand Chamber composed of the following judges:   Mr   R. Bernhardt , President ,   Mr   F. Gölcüklü ,   Mr   F. Matscher ,   Mr   C. Russo ,   Mr   N. Valticos ,   Mrs   E. Palm ,   Mr   I. Foighel ,   Mr   R. Pekkanen ,   Mr   A.N. Loizou ,   Mr   J.M. Morenilla ,   Sir   John Freeland ,   Mr   A.B. Baka ,   Mr   M.A. Lopes Rocha ,   Mr   L. Wildhaber ,   Mr   J. Makarczyk ,   Mr   P. Kūris ,   Mr   U. Lōhmus ,   Mr   P. van Dijk , and also of Mr H. Petzold , Registrar , and Mr P.J. Mahoney , Deputy Registrar , Having deliberated in private on 26 February and 25 April 1998, Delivers the following judgment, which was adopted on the last-mentioned date: PROCEDURE 1.     The case was referred to the Court by the European Commission of Human Rights (“the Commission”) on 27 January 1997, within the three-month period laid down by Article 32 § 1 and Article 47 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”). It originated in an application (no. 21237/93) against the Republic of Turkey lodged with the Commission under Article 25 by a political party, the Socialist Party, and two Turkish nationals, Mr   Doğu   Perinçek and Mr İlhan Kırıt, on 31 December 1992. The Commission's request referred to Articles 44 and 48   (a) of the Convention and to Rule 32 of Rules of Court A. The object of the request was to obtain a decision as to whether the facts of the case disclosed a breach by the respondent State of its obligations under Article 6 § 1 and Articles 9, 10, 11, 14 and 18 of the Convention, and Articles 1 and 3 of Protocol No. 1. 2.     In response to the enquiry made in accordance with Rule 33 § 3 (d), the applicants stated that they wished to take part in the proceedings and designated the lawyers who would represent them (Rule   30). 3.     On 30 January 1997 the President of the Court decided in the interests of the proper administration of justice that the present case should be heard by the Chamber constituted on 29 October 1996 to consider the case of United Communist Party of Turkey and Others v. Turkey [4] (Rule 21 §   7). That Chamber included ex officio Mr F. Gölcüklü, the elected judge of Turkish nationality (Article 43 of the Convention), and Mr R. Ryssdal, the President of the Court (Rule 21 § 4 (b)). The other seven members, whose names had been drawn by lot in the presence of the Registrar, were Mr   B.   Walsh, Mr   C.   Russo, Mr I. Foighel, Mr A.N. Loizou, Mr   J.   Makarczyk, Mr   P.   Kūris and Mr P. van Dijk (Article 43 in fine of the Convention and Rule 21 § 5). 4.     On 28 August 1997 the Chamber decided to relinquish jurisdiction forthwith in favour of a Grand Chamber (Rule 51). The Grand Chamber to be constituted included ex officio Mr Ryssdal, the President of the Court, and Mr R. Bernhardt, the Vice-President, together with the members and the four substitutes of the original Chamber, the latter being Mr A.B. Baka, Mr   M.A. Lopes Rocha, Mr R. Pekkanen and Mr   R.   Macdonald (Rule 51 § 2 (a) and (b)). On the same day the President, in the presence of the Registrar, drew by lot the names of the seven additional judges needed to complete the Grand Chamber, namely Mr   F.   Matscher, Mr N. Valticos, Mrs E. Palm, Mr J.M. Morenilla, Sir   John   Freeland, Mr L. Wildhaber and Mr U. Lōhmus (Rule 51 §   2   (c)). Subsequently Mr   Ryssdal, Mr Walsh and Mr Macdonald were unable to take part in the further consideration of the case (Rules 24 § 1 and 51 § 3). Mr Ryssdal's place as President of the Grand Chamber was taken by Mr   Bernhardt (Rules   21 § 6 and 51 § 6). 5.     As President of the Chamber Mr Ryssdal, acting through the Registrar, had consulted the Agent of the Turkish Government (“the Government”), the applicants' lawyers and the Delegate of the Commission on the organisation of the proceedings (Rules 37 § 1 and 38). Pursuant to the order made in consequence, the Registrar received the applicants' and the Government's memorials on 1 and 3 October 1997 respectively. 6.     In accordance with the President's decision, the hearing took place in public in the Human Rights Building, Strasbourg, on 25 February 1998. The Court had held a preparatory meeting beforehand.   There appeared before the Court: (a)   for the Government Mrs   D. Akçay , Mr   M. Özmen ,   Co-Agents, Mr   A. Kaya , Mrs   M. Gülşen , Ms A. Emüler , Ms A. Günyaktı ,   Advisers ; (b)   for the Commission Mr   G. R ess ,   Delegate ; (c)   for the applicants Mr   D. Perinçek ,   A pplicant , Mr   A. Kalan and Mr   M. Cengiz , both of the Ankara Bar,   Counsel .   The Court heard addresses by Mr Ress, Mr Perinçek, Mr Cengiz, Mr   Kalan and Mrs Akçay. AS TO THE FACTS I.   the CIRCUMSTANCES OF THE CASE 7.     The Socialist Party (“the SP”), the first applicant, was a political party that was dissolved by the Constitutional Court (see paragraph 15 below). Mr İlhan Kırıt and Mr Doğu Perinçek, the second and third applicants, were respectively Chairman and former Chairman of the SP. They live in Istanbul. 8.     The SP was formed on 1 February 1988. On the same day, its constitution and programme were submitted to the office of Principal State Counsel at the Court of Cassation for assessment of their compatibility with the Constitution and Law no. 2820 on the regulation of political parties (“Law no. 2820” – see paragraphs 16 and 17 below). First application to have the Socialist Party dissolved and the prosecution of its leaders 9.     On 15 February 1988, when the SP was preparing to take part in a general election, Principal State Counsel at the Court of Cassation (“Principal State Counsel”) applied to the Constitutional Court for an order dissolving the SP. Relying in particular on passages from its programme, he accused the party of having sought to establish the domination of the working class with a view to establishing a dictatorship of the proletariat (Articles 6, 10 and 14 and former Article 68 of the Constitution and sections   78 and 101(a) of Law no.   2820). 10.     In a judgment of 8 December 1988, published in the Official Gazette of 16 May 1989, the Constitutional Court dismissed the application as unfounded, as it considered that the political objectives stated in the SP's programme did not infringe the Constitution. 11.     Criminal proceedings were then brought in the National Security Courts against some of the leaders of the SP, including Mr Perinçek. They were accused of spreading harmful propaganda in favour of the domination of one social class over the others, contrary to Article 142 of the Turkish Criminal Code, as then worded (see paragraph 18 below). The allegation against Mr Perinçek was based in particular on speeches he had made at two public meetings on 10 February 1990 at Diyabakır and 21 March 1990 at Van and on an article that had appeared in a political journal on 4 March 1990, that is to say before his election as Chairman of the SP on 6 July 1991. Following the repeal of Article 142 of the Criminal Code by Law no.   3713 of 12 April 1991 (the Prevention of Terrorism Act), the accused were all acquitted. The SP later published the speeches in question under the titles: “ Serhildan çağrıları-1, Kawa ateşi yaktı ” and “ Serhildan çağrıları-2, Karpuz değil cesaret ekin ” (see paragraph 13 below). 12.     On 26 August 1991 the High Electoral Committee – which had responsibility under the Constitution for ensuring the fairness of elections – decided that the SP satisfied all the conditions necessary to take part in the general election of 20 October 1991. The party consequently ran an election campaign. B.     Second application to have the Socialist Party dissolved 13.     On 14 November 1991 Principal State Counsel applied to the Constitutional Court for a second time for an order dissolving the SP. He accused the party of having carried on activities likely to undermine the territorial integrity of the State and the unity of the nation contrary to Articles 3, 4, 14 and 66 and former Article 68 of the Constitution, and sections   78, 81 and 101(b) of Law no. 2820. In support of his application, Principal State Counsel relied in particular on the following extracts from the SP's election publications and from oral statements made by its Chairman, Mr Perinçek, at public meetings and on television. Extracts from Socialist Party publications (a)   “ Serhildan çağrıları-1, Kawa ateşi yaktı ” (“Calls to stand up – no. 1, Kawa [5] has lit the fire”) “... Dear friends, ... the second dynamic is the Kurdish dynamic. It is the call for equality and freedom, [it is] the Kurds' claim to rights as a nation. It is a request that the rights which the Turks enjoy ... be granted to the Kurds also. At the beginning of the century, a war of independence was waged ... in circumstances in which imperialists occupied the country and Turks and Kurds depended on one another and had to unite and fight, side by side. The Amasya Protocol provided: 'The homeland is composed of the lands where the Turks and the Kurds live.' At the Erzurum and Sivas Congresses, oral and written declarations were made recognising the ethnic social and geographical rights of Kurds ... once the war was over and the men had hung up their weapons, an official ideology developed ... as though there was no longer any need for people from Urfa, Diyarbakır or Malatya to fight... Under that official ideology, there was no longer any room for Kurds. There were no more Kurds. Henceforth, only Turks existed...” (pages 7–8) (b)   “ Serhildan çağrıları-2, Karpuz değil cesaret ekin ” (“Calls to stand up – no.   2, sow courage, not watermelons”) “... they can make this country ... a homeland of cultures, brotherhood, workers, [a homeland] where there is voluntary unity, where nations freely decide on their future and freely unite if they so wish... Long live brotherhood between Turks and Kurds! Long live the Turkish and Kurdish peoples!” (page 31) (c)   “ Çözüm-4, Kürt sorunu ” (“Solution no. 4, the Kurdish problem”) “... The collapse started where the regime was most tyrannical and most vulnerable. The [political] parties of the status quo failed to the east of the Euphrates... [They] are no longer to be seen in the lands where the Kurdish people live... (page 3) Why have the parties of the status quo disappeared from the Kurdish provinces? Because they are nationalists... Turkish nationalism has become bankrupt in the lands where the Kurdish problem will be resolved. Turkish nationalism has drawn its borders. It has divided Anatolia into two parts, situated to the east and west of the Euphrates. Turkish nationalism and its regime are in the process of drowning in the Euphrates. That is what is known as a bankrupt regime. (page 4) ... After the mountains, the State also lost the villages and towns. That is why it counts directly on deterring the masses. State terror seeks to establish a new regime in Turkey, starting from the east... (page 10) The State pays village guards and special forces ... which it feeds to kill Kurds through the taxes it collects from the people. The cost of the bullets fired at Kurds, of petrol used in cross-border operations ..., in short, the cost of [this] special war is borne by the people... To bring inflation and ... poverty to an end, a peaceful solution must be found to the Kurdish problem. The Kurdish problem is at the same time a Turkish problem... Living freely, in brotherhood, heart to heart, in peace and harmony with the Kurdish people is a need ... for the Turkish people... Turks and Kurds are but one people. No Turk will be entitled to enter paradise if a single Kurd [still] remains in hell. The Socialist Party is determined to fight until the last Kurd is saved from hell. (pages 11–13) The Socialist Party is present on both sides of the Euphrates. It is the party of brotherhood between Kurds and Turks. The Socialist Party's determination in the face of the Kurdish problem has been demonstrated by its fight to combat State pressure on the Kurdish nation ..., its shared destiny in the poor Kurdish peasants' fight for survival ..., the fact that it has overcome the barrier of fear by holding meetings with thousands of people in the Kurdish villages and towns and has explained the Kurdish problem to working people throughout Turkey... Our party imparts this awareness. It sees a solution in the common destiny of peoples and their combat. To remedy the Kurdish problem, the Socialist Party has courage, ... a cause and a programme. (pages   15–16) The Kurdish nation has a full and unconditional right to self-determination. It may, if it wishes, create a separate State. The interest of the proletariat lies in the establishment, through democratic popular revolution, of a voluntary union founded on absolute equality of rights and freedoms. The right to secede is, at all times, an essential condition of that voluntary union. Whether or not people live together depends on the free will of nations. So that that will can be expressed, a referendum must be organised in the Kurdish provinces. During the referendum, those who are in favour of secession must also be allowed freely to express their views. Under current historical conditions, a solution favourable to the workers of both nations lies in a democratic federal republic, to which the two federated States adhere on an equal footing. In the federation, power will be exercised through popular assemblies elected democratically by districts, towns, federated States and the federal State, beginning with the neighbourhoods and villages. The prefectures and sub-prefectures, State governments and the federal government will be the executive bodies of those assemblies and accountable to them. The popular federal assembly will be composed of two assemblies: the assembly of the members of parliament and the assembly of the nations. The assembly of the members of parliament will be elected in a general election with one member of parliament elected by a given number of citizens. The assembly of nations will be constituted by an equal number of members elected from each of the two federated States. Legislation will be enacted on a majority vote in the two assemblies. Legislation which is rejected by one of the assemblies will not come into force. The Employment Code, and the Criminal, Civil and Procedural Codes will apply throughout the country and be adopted by the federal bodies. In those districts and provinces of each State where minority groups are in the majority, regional self-determination will be permitted if the people so desire. The federal Constitution will be the common Constitution of the two nations. It will come into force as soon it has been accepted, by referendum, by a majority in each of the two nations. Each State will also have its own Constitution. The federal Constitution will cover an increasing number of matters, to the extent that the federated republics consent thereto. The flag and national anthem of the federal republic will be the same for Turks and Kurds. Each federated State will have its own flag and anthem. The federation shall not have a name that refers to only one of the nations. Defence of the country, issues of war and peace, and entry into representative treaties in international relations will be the responsibility of the federal bodies. Each federated State will [however] be entitled to establish direct commercial and cultural relations with foreign countries and to open consulates. At each level of government, power will lie solely with the popular assemblies and the local authorities accountable to them. The prefecture, sub-prefectures, security forces and gendarmerie established under the current [central] government outside the scope of the proposed administrative system will be abolished. This democratic administrative system will also guarantee national equality and freedom. Local security forces will receive their orders from local government authorities and be accountable to local assemblies. In the villages, security forces will be composed of local young people, who will receive instructions from village committees. Seigniory, dependence on the head of a clan or any form of medieval relation that is incompatible with brotherhood or social development shall be abolished by an agrarian reform to be undertaken by the mobilisation of farmers under the direction of the village committees. In order that regional inequalities that have been aggravated by the market economy may be removed, the federal republic will increase its share of investment in regions that are economically underdeveloped. It will therefore guarantee and develop the economic basis of the union. With respect to the economy, a federal system of uniform statistics will be used. The freedom and right of each nation and each national or religious minority to develop its language and culture and to pursue political and associative activities will be guaranteed. The official languages will be Turkish and Kurdish. Each federated republic will have its own language as its official language. Decisions of the federal bodies will be drafted in both languages. From primary school to university and in all cultural institutions, means of education, research and communication, such as journalism, publishing, radio and television, etc., will be provided in both languages. The democratic culture of the Kurdish nation will be able to develop through the removal of the pressures that have been exerted on it up till now. Those in power will strive for free democratic cultural exchange with Turks and Kurds in other countries and an international culture common to all nations of the world to flourish in a pluralist and active environment. All bodies in power will endeavour [on the one hand] to eradicate, with all its foundations, the former culture idolising violence and advocating the use of force to solve problems between nations and in society and [on the other hand] to spread among the people an internationalist proletarian culture that respects mankind and despises violence. Against the fundamentalist nationalist culture according to which the history of the lands in which we live began with the war of Malazgirt and against all other forms of nationalism will be developed an internationalist, universal, humanitarian and democratic culture that will seek new cultural sources, enriched by the contribution of different peoples stemming from the historic depths of our country, and will draw on those resources. Original names will no longer be changed as they reflect the wealth of our country's universal culture; every place will be called by its known, established name.” (pages 16–20) 2.   Oral statements by the Chairman of the Socialist Party   (a)   At the opening ceremony of the Socialist Party Congress (24–25 August 1991) “The Socialist Party is the last bridge between the Kurdish and Turkish people... The current status quo has failed with respect to the Kurdish problem and its deafening collapse can be heard from here... What is the only possible solution? ... This issue can only be resolved by respecting the wish of the Kurdish people ... the real remedy lies with the Kurdish people. We will ask the Kurds: 'What do you want?' ... if, conversely, they seek secession, we will respect their wish. We will organise a referendum. We will ask the Kurdish people ..., everyone, from Hakkari to Antep: 'Do you want to create a separate State in our land or not?' The Socialist Party prefers unification... Who is inciting secession? Oppression [is]. The oppression of the Kurdish people by the Turkish State. We will defend unification by putting an end to that oppression and that will be proof of [our] acceptance of the Kurdish people's will... The Socialist Party will defend the union of the two peoples within the federation and the joint [exercise] of power... The Socialist Party is the last bridge between the Kurdish and Turkish people... No party other than the Socialist Party has shared the Kurds' destiny, taken up a position against the Turkish State or is able to maintain that position.” (b)   During a television programme on 11 October 1991 “... Let us now define [what they call] internal security. That is the Kurdish problem. If you put it in terms of internal security ..., you will have recourse to the gendarmes. If the problem is seen as a Kurdish one, you will resolve it by democracy and freedom. In fact, it is the present regime that has transformed the Euphrates into a border... It was an economic border... Then, they made the Euphrates a political border ... and, lastly, an ideological one... Turkish nationalism has drowned in the Euphrates; it cannot cross it ... because nationalism has no place in these lands... There is a Turkish problem but also a Kurdish problem ... a fraternal solution will come from the Socialist Party. The [other] five parties have become separatist ... because they were nationalist. We offer a fraternal solution, a federation. The Kurdish nation should be given the right to self-determination. That is how the right conditions for unification will come about... Union cannot be achieved through force. Your solutions have failed. You will see, the Socialist Party solution will prevail.” (c)   At a public meeting in Ankara on 13 October 1991 “... we will put a stop to the special war being [waged] in the east ... we will end it by replacing it with a programme of brotherhood between Kurds and Turks ... and, lastly, on a structural level, a federation in which both nations are on an equal footing... They say that they are troubled by the fact that the Euphrates is a border. Who made the Euphrates a border? They did! ... Free, voluntary union on an equal footing of the Kurdish and Turkish nations within a federation, provided that the Kurdish nation consents and so decides as master of its destiny and accepts it: that is the solution proposed by the Socialist Party. The two peoples, two nations are obliged [to accept]...” (d)   During a television programme on 13 October 1991 “... Because the Kurds of the village of Botan are standing up they are in the process of becoming their own masters... Is it you, the status quo, that has forbidden the use of the name 'Kurd'? The Kurdish people are standing up; they are becoming the centre of the debate; through their acts, they are imposing their identity and celebrating the Newroz [6] ... The oppressed Kurds are establishing their Constitution, making laws.” (e)   At a public meeting at Şırnak on 16 October 1991 “... The Socialist Party says that the Kurdish problem cannot be resolved by soldiers or bullets. The solution lies in independence ... in equality. The Kurdish and Turkish nations should have the same rights. The Kurdish and Turkish nations will form a popular republic ... and then one of them will survive and the other be oppressed; that is indefensible... It is the Socialist Party that is with the oppressed Kurdish people... By standing up, the Kurdish people have begun to demonstrate the combat they have been waging for years... The Kurdish people will bring about a new revolution... The oppressed Kurdish people ... are coming to join the Socialist Party... Long live the awakening! Long live our people!” (f)   At a public meeting at Van on 17 October 1991 “... Turkish nationalism has drowned in the Euphrates... The State has oppressed the Kurdish people to the point of erasing their name, even of prohibiting its use; but bans come to nothing... The Kurdish reality is there and is asserting itself... Turks and Kurds remain brothers; there can be no brotherhood where there is slavery; there can be no brotherhood if one is master and the other slave; everyone should be equal and have the same rights... There can be no hope if Turks and Kurds do not unite... This equation should be noted down somewhere: the Turkish people plus the oppressed Kurdish people equals democracy, independence and freedom... Long live Kurdistan! ...” Relying on an audiovisual recording of the latter meeting, Mr Perinçek nevertheless denied, at a hearing before the Constitutional Court on 12 May 1992, that he had uttered the last sentence. C.     Dissolution of the Socialist Party 14.     On 28 November 1991 the Constitutional Court sent Principal State Counsel's application to the SP, whose counsel filed preliminary written observations on 29 January 1992 and full observations on 30 March 1992, in which they first requested a hearing or, at the very least, leave to make further submissions orally. The Constitutional Court acceded to the latter request only and heard the party Chairman, Mr Perinçek, on 12 May, who had ceased to be Chairman of the party a short time before. Before the Constitutional Court the SP's representatives firstly contested the constitutionality of certain provisions of Law no. 2820 on which Principal State Counsel relied. They also argued that the court should not admit the SP's publications (see paragraph 13 above) in evidence against that party. They said that two of the publications were copies of a speech made by Mr Perinçek before his election as party Chairman on 6 July 1991; furthermore, they had been examined by the National Security Courts and found not to contravene the law (see paragraph 11 above). The party representatives went on to point out that on 8 December 1988 the Constitutional Court had dismissed the first application to have the SP dissolved on the basis of its programme (see paragraph 10 above). They maintained that the court would be contradicting itself if it now decided to dissolve the SP purely because of Mr Perinçek's oral statements, which, in the case before the court, were merely reiterations of paragraph 31 of the programme, which had already been reviewed by the Constitutional Court. They noted, lastly, that since the enactment of Law no. 3713 (the Prevention of Terrorism Act) which had, in particular, repealed Article 142 of the Criminal Code (see paragraph 18 below), it was no longer illegal to carry on Marxist-Leninist activities; in their submission, if one political party was treated differently from the others, the aim pursued by the Turkish legislature would be defeated. 15.     Pursuant to section 101 of Law no. 2820, the Constitutional Court made an order on 10 July 1992 dissolving the SP, which entailed ipso jure the liquidation of the party and the transfer of its assets to the Treasury, in accordance with section 107 of that Law. The order was published in the Official Gazette on 25 October 1992. As a consequence, the founders and managers of the party were banned from holding similar office in any other political body (former Article 69 of the Constitution – see paragraph   16 below). In its judgment the Constitutional Court noted at the outset that the impugned publications of the SP bore the name and signature of its Chairman, Mr Perinçek, who was also the person who had made the oral statements on television. Those publications and statements accordingly also bound the SP and consequently were admissible as relevant evidence under section 101 of Law no. 2820. The Constitutional Court did not consider that either its or the National Security Courts' earlier judgments (see paragraphs 10–11 above) in any way affected its examination of the case before it, which concerned the political activities of the party, not of its leaders. Moreover, it could not accept that the fact that a provision of the Criminal Code making it an offence to behave in a certain way had been repealed meant that similar conduct no longer constituted a valid ground for dissolution under Law no. 2820. The Constitutional Court observed that unlike the issue that had been decided in its judgment of 8 December 1988, the one now before it was based on new facts and evidence and thus gave rise to a different question in law. It no longer had to be determined whether the programme and constitution of the SP were in conformity with the law, but solely whether its political activities were caught by the relevant prohibitions. In reaching its decision on the merits, the Constitutional Court noted, inter alia , that the SP referred in its political message to two nations: the Kurdish nation and the Turkish nation. But it could not be accepted that there were two nations within the Republic of Turkey, whose citizens, whatever their ethnic origin, had Turkish nationality. In reality, the statements made by the SP concerning Kurdish national and cultural rights were intended to create minorities and, ultimately, the establishment of a Kurdish-Turkish federation, to the detriment of the unity of the Turkish nation and the territorial integrity of the Turkish State. Like all nationals of foreign descent, nationals of Kurdish origin could freely express their identity, but the Constitution and the law precluded them from forming a separate nation and State. The SP was ideologically opposed to the nationalism of Atatürk, which was the most fundamental principle underpinning the Republic of Turkey. The SP's political activity was also incompatible in aim with Articles 11 and 17 of the European Convention on Human Rights, since it was similar to that of terrorist organisations, notwithstanding a difference in the means employed. In short, objectives which, like those of the SP, encouraged separatism and incited a socially integrated community to fight for the creation of an independent federated State were unacceptable and justified dissolution of the party concerned. ii.   relevant domestic law The Constitution 16.