CEDH · PRESS;GENERAL;ENG — 19 juin 2002

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD086E7B5 { margin-top:0pt; margin-left:70.9pt; margin-bottom:0pt; text-indent:-70.9pt } .sB54F21D0 { width:1.54pt; text-indent:0pt; display:inline-block } .s903B0117 { margin-top:0pt; margin-left:70.9pt; margin-bottom:0pt; text-indent:-70.9pt; text-align:justify } .sCFE25540 { width:12.2pt; text-indent:0pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s3133A7C8 { font-family:Arial; color:#0069d6 }   EUROPEAN COURT OF HUMAN RIGHTS     321   19.6.2002   Press release issued by the Registrar   GRAND CHAMBER HEARING IN THE CASE OF REFAH PARTISI, ERBAKAN, KAZAN & TEKDAL v. TURKEY   Wednesday 19 June 2002 at 9 a.m.   The applicants   The first applicant, Refah Partisi (the Welfare Party, “ RP ”) was a political party founded on 19 July 1983. Its former Chairman, a Member of Parliament at the time, Necmettin Erbakan, is the second applicant. The third and fourth applicants, Şevket Kazan and Ahmet Tekdal, are politicians and lawyers and were Members of Parliament and RP Vice-Chairmen at the time.   Summary of the facts   On 21 May 1997 the Principal State Counsel at the Court of Cassation brought proceedings in the Turkish Constitutional Court to dissolve the RP , which he accused of having become “a centre of activities against the principle of secularism”. In support of his application, he relied on various writings and declarations made by leaders and members of the RP which he said indicated that some of the party’s objectives, such as the institution of Sharia law and a theocratic regime, were incompatible with the requirements of a democratic society.   Before the Constitutional Court, the applicant’s representatives argued that the prosecution had relied on mere extracts from the speeches concerned, thereby altering their meaning and without looking at the documents as a whole. They also maintained that the RP , which, at the   time, had been in power for a year as part of a coalition, had consistently observed the principle of secularism and respected all religious beliefs and consequently was not to be confused with political parties that sought the establishment of a totalitarian regime. They added that some of the RP ’s leaders had only become aware of certain of the remarks impugned in the case after the Principal State Counsel’s application for the dissolution of the party was served on them and that they had nonetheless expelled those responsible from the party to avoid the RP being seen as a “centre” of illegal activities for the purposes of the law on the regulation of political parties.   In its judgment of 16 January 1998 the Constitutional Court dissolved the RP on the ground that it had become a “centre of activities against the principle of secularism”. It also declared that the RP ’s assets were to be transferred to the Treasury. The Constitutional Court further held that the public declarations of the RP ’s leaders, and in particular Necmettin Erbakan, Şevket Kazan and Ahmet Tekdal, had a direct bearing on the constitutionality of the RP ’s activities. Consequently, it banned them from sitting in Parliament or holding certain political posts for five years.   Complaints   The applicants relied on Articles 9 (freedom of thought), 10 (freedom of expression), 11 (freedom of assembly and association), 14 (prohibition of discrimination), 17 (prohibition of abuse of rights) and 18 (limitations on use of restrictions on rights) of the European Convention on Human Rights and Article 1 (protection of property) and 3 (right to free elections) of Protocol No. 1.   Procedure   The application was lodged on 22 May 1998 and declared partly admissible by the Court’s Third Section on 3 October 2000.   In its Chamber judgment of 31 July 2001 the Court held, by four   votes to three, that there had been no violation of Article 11 of the Convention in the case and, unanimously, that no separate issues arose under Articles 9, 10, 14, 17 and 18 of the Convention and Articles 1 and 3 of Protocol No. 1.   On 30 October 2001 the applicants requested that the case be referred to the Grand Chamber under Article 43 (referral to the Grand Chamber) and on 12 December 2001 the panel of the Grand Chamber accepted that request.   Composition of the Court   The case will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber (Swiss), President , Christos Rozakis (Greek), Jean-Paul Costa (French), Georg Ress (German), Gaukur Jörundsson (Icelandic), Lucius Caflisch [1] (Swiss), Riza Türmen (Turkish), Corneliu Bîrsan (Romanian), Peer Lorenzen (Danish), Volodymyr Butkevych (Ukrainian), Nina Vajić (Croatian), Matti Pellonpää (Finnish), Margarita Tsatsa-Nikolovska (FYROMacedonia), András Baka (Hungarian), Rait Maruste (Estonian), Anatoly Kovler (Russian), Antonella Mularoni (San Marinese), judges , Joseph Casadevall (Andorran), Wilhelmina Thomassen (Netherlands), substitute judges,   and also Paul Mahoney , Registrar .   Representatives of the parties   Government:   Şükrü Alpaslan , Agent , Deniz Akçay, Münci Özmen , Co-Agents, Yunus Belet , Counsel , and Alev Günyakti , Gökşen Acar, Vedia Siirmen , Advisers ;   Applicants:   Laurent Hincker , Marie Lemaitre , Grégoire Nuss , Counsel, Valérie Billamboz , Mustafa Kamalak and Şeref Malkoç , Advisers.   Şevket Kazan will also attend the hearing.   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court. [1] .     Judge elected in respect of Liechtenstein.