ABSTRACT

Violations of the right of minorities to participate in public affairs are likely to occur in a country divided along ethnic lines. The Aziz case concerns the violation of the right of a Turkish Cypriot to vote in the parliamentary elections of May 2001, in that the constitutional provisions providing for two separate (Greek and Turkish) electoral lists were rendered ineffective due to the special political situation and the absence of legislation giving effect to the right to vote of Turkish Cypriots residing in the government-controlled area. The ECtHR found a violation of Art. 3 of Protocol 1 and of Art. 14 of the Convention taken in conjunction with Art. 3 of Protocol 1. Two years after the judgment, Cypriot authorities passed a law which gave effect to the right to vote of the Turkish-Cypriot minority. The Aziz case, with its significant legal impact on the national landscape, illustrates the crucial role that the ECtHR may play in advancing democracy in a conflict-affected country.