Information Note on the Court’s case-law No. 76
June 2005
Sılay v. Turkey (dec.) - 8691/02
Decision 30.6.2005 [Section III]
Article 11
Article 11-1
Freedom of association
Prohibition to found, adhere to and head a political party for a period of five years: admissible
Following the dissolution of the Welfare Party (Refah Partisi), the applicant, an MP from the dissolved political movement, joined the political party Fazilet Partisi and served until the April 1999 general elections, which marked the end of the term of office for which he had been elected. In May 1999 Principal State Counsel applied to the Constitutional Court for the dissolution of the party, on the ground that the Fazilet had become a centre of anti-secularist activity and that it was the continuation of the Refah. Among the actions and statements of the leaders and members of the Fazilet he invoked the book written by the applicant. In June 2001 the Constitutional Court pronounced the dissolution of the Fazilet on the ground that it had become a “centre of activities contrary to the principle of secularism”, considering inter alia that the applicant had, through the contents of his book, incited the public to act against the public authorities. As an additional penalty, the Constitutional Court prohibited the applicant from becoming a founder member, ordinary member or leader of another political party for a period of five years.
Admissible under Articles 10 and 11 and Article 3 of Protocol No. 1.
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This summary by the Registry does not bind the Court.
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