CEDH · PRESS;HEARINGS;ENG — 5 septembre 2006

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sD6E2332A { margin-top:12pt; margin-bottom:0pt } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .s76CF415B { page-break-before:always; clear:both } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .sA8C2B9B0 { width:20.37pt; text-indent:0pt; display:inline-block } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } EUROPEAN COURT OF HUMAN RIGHTS   481 5.9.2006   Press release issued by the Registrar   CHAMBER HEARING YUMAK AND SADAK v. TURKEY   The European Court of Human Rights is holding a Chamber hearing today Tuesday 5   September 2006 at 9 a.m., on the merits in the case of Yumak and Sadak v. Turkey (application no. 10226/03).   The applicants Mehmet Yumak and Resul Sadak are Turkish nationals who were born in 1962 and 1959 respectively and live in Şırnak (Turkey). Mr Yumak is self-employed, while Mr Sadak is Mayor of Idil.   Summary of the facts The application concerns Turkish electoral law, according to which a party must obtain at least 10% of the national vote in parliamentary elections in order to win seats in the National Assembly. In the parliamentary elections of 3 November 2002 the applicants stood as candidates for the political party DEHAP (Democratic People’s Party) in the province of Şırnak. As a result of the ballot, DEHAP obtained approximately 45.95% of the vote (47,449 votes) in Şırnak province, but did not secure 10% of the vote nationally. The applicants were not elected, in accordance with section 33 of the Election of Members of Parliament Act (Law No. 2939), which states that “in order to secure seats in Parliament, parties must obtain at least 10% of the valid votes cast nationally”. Consequently, of the three parliamentary seats allotted to Şırnak province, two were filled by the AKP (Justice and Development Party), which obtained 14.05% of the vote (14,460 votes), and the third by an independent candidate, Mr Tatar, who obtained 9.69% of the vote (9,914 votes).   Complaint Relying on Article 3 of Protocol No. 1 (right to free elections) to the European Convention on Human Rights, the applicants submit that setting a threshold of 10% of the vote in parliamentary elections interferes with the free expression of the people in their choice of the legislature.   Procedure   The application was lodged with the European Court of Human Rights on 26 March 2003 and declared partly admissible on 9 May 2006.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , Ireneu Cabral Barreto (Portuguese), Riza Türmen (Turkish), Mindia Ugrekhelidze (Georgian), Antonella Mularoni (San Marinese), Elisabet Fura-Sandström (Swedish), Dragoljub Popović (Serbian), judges , András Baka (Hungarian), Danutė Jočienė (Lithuanian), substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government :   Ahmet Münci Özmen , co-Agent ,   Metin Hüsrev Ünler , Yaprak Renda , Vedia Sirmen , Aslihan Özdemir ,   Ülkü Yeğengil , Advisers ;   Applicants :   Tahir Elçi , Şehnaz Turan , Counsel .   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Press Contacts   Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Beverley Jacobs (telephone: 00 33 (0)3 90 21 54 21)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.