United Communist Party of Turkey v. Turkey
European Court of Human Rights
26 EHRR 121 (1998)
- Written by Kelly Simon, JD
Facts
In 1991, the United Communist Party of Turkey (TBKP) (plaintiff) was formed. The principal state counsel at the Turkey Court of Cassation applied to the Turkey Constitutional Court for an order to dissolve TBKP. The state counsel alleged that TBKP had violated the Turkish constitution by including the word “communist” in the party’s name and that TBKP was a threat to national security and violated the Turkish constitution and election-related regulations. The Turkey Constitutional Court ordered the dissolution of TBKP only 10 days after its formation. TBKP filed an application with the European Commission of Human Rights (the commission) against Turkey (defendant), arguing that the party’s dissolution violated its right to freedom of association, as protected by Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the convention). The commission referred the case to the European Court of Human Rights.
Rule of Law
Issue
Holding and Reasoning (Bernhardt, J.)
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