Resul Sadak and Mehmet Yunak, stood for election in the parliamentary elections of 3 November 2002 as candidates of the People's Democratic Party (DEHAP) in the province of Şırnak.
Despite getting 45 percent of the vote in their electoral region neither of them was elected because the party failed to pass the national threshold.
They had alleged that the national electoral threshold of 10 percent for parliamentary elections interfered with the free expression of the opinion of the people in the choice of the legislature.
They relied on Article 3 of Protocol No.1, which provides:
"The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature."
By a decision of 9 May 2006 the ECHR declared the application partly admissible but the decision on January 30 was negative by five judges to two. The applicants lawyer Tehir Elci told bianet that they will push forward with an appeal to the Grand Chamber in the ECHR.
50 percent of the votes not represented
The electoral system is one of the subjects, which have been the most debated in Turkey; it still remains highly controversial.
It was in that context that on 31 July 2002 the National Assembly decided to bring forward the date of the next parliamentary elections to 3 November 2002.
In early September three left-wing political parties, HADEP, EMEP and SDP, decided to form a "Labor, Peace and Democracy Block" and to form a new political party, DEHAP.
The results of the elections in the province of Şırnak gave the DEHAP list 45 percent of the vote. However, as the party had not succeeded in passing the national threshold of 10 percent, the applicants were not elected.
The three seats allocated to Şırnak province were shared as two seats for the Justice and Development Party (AKP), which had polled 14 percent and one seat for an independent candidate.
Of the eighteen parties, which had taken part in the elections only AKP and the People's Republican Party (CHP) succeeded in passing the electoral threshold. With 34 percent of the votes cast, the AKP won 363 seats, 66 percent of those in the National Assembly.(EÜ)
