Communicated on 6 September 2019
SECOND SECTION
Application no. 13325/10
Orhan MİROĞLU
against Turkey
lodged on 1 March 2010
SUBJECT MATTER OF THE CASE
By a decision dated 31 December 2009, the Constitutional Court dissolved the Party for a Democratic Society (Demokratik Toplum Partisi/DTP) and banned some of its members, including the applicant, from becoming founding members, ordinary members, leaders or auditors of any other political party pursuant to Article 69 § 8 of the Constitution. Pointing out that the criminal proceedings, which had constituted one of the basis of the dissolution decision, had still been pending before the Court of Cassation, the applicant complained that the ancillary measure imposed by the Constitutional Court which banned him from undertaking any active duties in a political party, constituted a breach of Articles 9, 10, 11 and 14 of the Convention.
QUESTION TO THE PARTIES
Has the temporary measure, imposed on the applicant by the decision of the Constitutional Court, which banned him from becoming a founding member, ordinary member, leader or auditor of any other political party for five years constitute a violation of the applicant’s right to freedom of association contrary to Article 11 of the Convention?
In particular, having regard to the fact that at the time when the Constitutional Court’s decision had been delivered, the criminal proceedings against the applicant were still pending, could the measure imposed on the applicant be considered as proportionate to the legitimate aim pursued?
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