Tunceli Kültür ve Dayanışma Derneği v. Turkey, No. 61353/00, ECtHR (Second Section), 10 October 2006

Dissolution of a cultural association on account of statements of a political nature made by its members.

Art. 11 ECHR

1. Along with the essential role played by political parties in maintaining pluralism and democracy, the associations created for other purposes, such as the protection of cultural heritage or spirituality, the pursuit of various social or economic goals, the proclamation and teaching of a religion, the search for an ethnic identity or the affirmation of a minority conscience, are also important for the proper functioning of democracy.

2. Pluralism is also based on genuine recognition and respect for the diversity and dynamics of cultural traditions, ethnic and cultural identities, religious convictions and artistic, literary and socio-economic ideas and concepts. Harmonious interaction between people and groups with different identities is essential for social cohesion. In a well-functioning civil society, it is natural that citizens participate to a large extent in the democratic process through associations in which they can come together and jointly pursue common goals.

3. In light of the direct relationship between democracy, pluralism and freedom of association, only compelling reasons can justify restrictions on this freedom.
(In the present case, the Court held that the criminal sentence of a member of an association for having made statements of a political nature and the subsequent dissolution of the association itself entail a violation of Article 11 ECHR).