Abstract:

In 2002, violation decisions given by the ECHR, were added to the reasons for retrial which is an extraordinary legal remedy in criminal proceedings. The retrial has a special importance in terms of the decision of closure, which is the most severe sanction foreseen for political parties. Because the legal existence of political parties ends with the decision of closure, which is the equivalent of the death penalty foreseen for real persons in terms of political parties. Due to the heavy and irreparable nature of the closure decision, the need to benefit from the concept of retrial may be higher. The Constitutional Court adopted an attitude not to change the political party closure decision as a result of the applications for retrial in political party closure cases. Constitutional amendment in 2010, the Constitutional Court was given individual applications and a special mission was assigned to the Constitutional Court regarding the case law of the ECHR. The attitude of the Constitutional Court in cases where the decisions of violation of rights are not implemented as a result of individual application requires a re-evaluation the retrial of in cases of closure of political parties.

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