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Publication:[not yet received]
Title:Fazilet Partisi and Kutan v. Turkey
Application No:1444/02
Respondent:Turkey
Referred by:
Date of reference by Commission:
Date of reference by State:
Date of Judgment:27-04-2006
Articles:9
10
11
14
17
18
P1-3
Conclusion:Struck out of the list
Keywords:[STRUCK OUT]

Summary:
(Press release)
The applicants are a political party, Fazilet Partisi (Virtue Party), and its former chairman, Mehmet Recai Kutan, a Turkish national who was born in 1930 and lives in Ankara. On 22 June 2001 the Constitutional Court dissolved Fazilet on the ground that it had become a "centre of activities contrary to the principle of secularism". At the time it had 111 members of parliament.
 
The applicants submitted that Fazilet's dissolution breached Article 3 of Protocol No. 1 (right to free elections) and that they had been victims of a violation of Articles 10 (freedom of expression) and 11 (freedom of assembly and association). They also alleged a violation of Articles 9 (freedom of thought, conscience and religion) and 14 (prohibition of discrimination) and submitted that the Constitutional Court had exceeded its powers for the purposes of Articles 17 (prohibition of abuse of rights) and 18 (limitation on use of restrictions of rights).
 
In a letter of 2 December 2005 Mr Kutan informed the Court that the applicants intended to withdraw their application. In the circumstances, the Court considered that there was no justification for continuing to examine the case. Furthermore, and in view particularly of the attitude of the applicants as expressed in the letter in question, it found that there was no particular reason to consider that respect for human rights required it to continue its examination of the application. The Court therefore decided unanimously to strike the case out of its list. (The judgment is available only in French.)

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Last Modified: 13-01-2014 16:18:19 (Documentation SIM)