Introduction
During the COVID-19 pandemic, nearly 70 countries have suspended elections or held elections under special conditions. According to Article 15 of the European Convention on Human Rights (Derogation in emergencies), in exceptional cases, it is possible for the governments of member states to waive, under certain conditions, temporarily, limitedly and under supervision, their obligation to ensure certain rights and freedoms protected by law. Derogation that must be lifted after the emergency situation is resolved. Among the rights that may be subject to derogation during a state of emergency is the right to hold elections, which may be temporarily suspended and postponed to a later date. Thus, in this article, the review of cases that have been raised in this regard in the European Court of Human Rights and that the Court has examined on categories such as "emergency situations" has been considered and analyzed.
It can be said elections and the possibility of Derogation, the need to adhere to and observe the principles governing emergency situations are also important and significant in this regard. Derogation of elections in emergency situations is also assessed with the aim of better strengthening and consolidating democracy. Although, for reasons such as security issues and considerations, administrative and managerial obstacles, economic problems, psychological and social atmosphere, etc., holding elections does not seem very logical.
Methods
In this article, the authors examine the jurisprudence of the European Court of Human Rights in the form of a case study and examine the principles and components related to holding elections in emergency situations, taking into account the human rights obligations and commitments of the member states of the European Convention. The case law of the Court shows that member states must adapt their approach to each issue in accordance with the principle of proportionality and observance of the fundamental principle of respect for human rights, and those impose restrictions in a way that does not violate the right to political participation. Also, with the Court's new approach to examining cases, especially after the outbreak of the coronavirus, a reasonable balance has been established between the powers of states and the requirements imposed and the protection of human rights. This article attempts to examine these practices and examine the importance of states, both as initiators and as responsible for respecting human rights, taking into account the time and place conditions, which always prioritize the observance of human rights even in unforeseen circumstances, and the analysis of these opinions is innovative in this respect.
Results and Discussions
Any Derogation, halt or unusual holding of elections and distortion of the right to participate in the political affairs of the country must be justified and documented to protect a higher value such as the Right to life. In various opinions, the European Court has considered the necessity of adopting emergency measures to be subject to compliance with Article 15 and other human rights principles. Based on these opinions, Derogation of elections can have substantive limitations such as the existence of a threat and proportionality and non-derogable rights or procedural conditions such as official announcement, time conditions and an emphasis on temporary rather than permanent. Important conditions stated in the opinions of the Court are the necessity of ensuring the principle of proportionality with the measures taken, the principle of compliance with other international commitments, prohibition of discrimination, spatial and temporal justification, the possibility of compensation and the right to appeal to judicial authorities. Based on the rule of official announcement and the principle of reporting, governments are obliged to observe the reporting system during their emergency measures and to document all their affairs and take them based on the law, and the public is aware of them. Derogation must be limited in both time and spatial scope. In some countries, Derogation of elections was limited to specific points. Derogation of elections due to the existence of emergency situations or the creation of restrictions for voters or candidates should not eliminate or limit the fundamental principle of the right to self-determination and the right to participate in the political affairs of the country, and the existence of legal regulations and the establishment of special measures and their anticipation are evaluated precisely in this regard. Some countries undertook to hold elections under the supervision of the European Union, and some others used postal voting conditions and in accordance with the conditions and the "margin of appreciation" of governments in holding elections in compliance with health requirements, which indicates the need for both positive and negative measures. The suspension of human rights is temporary, and after the crisis subsides, governments are obliged to lift restrictions and take positive measures to compensate for the effects of the Derogation.
Conclusion
The European Court of Human Rights jurisprudence also shows that compliance with the principles governing suspension is not limited to holding elections, but also covers all stages from the beginning to the end, as well as the possibility of protesting the election results and the subsequent actions that resulted from this in some of the cases presented. The studies and findings of this article indicate that in the cases presented in the opinions of the European Court of Human Rights, principles and components that can be extracted and emphasized, such as the principle of the need for prior notification (official notification) by member states, the determination of the existence or likelihood of a threat to the life of the nation, the principle of proportionality, the principle of non-discrimination, the principle of respect for non-derogable rights, and time limits, are among the cases that member states must adhere to in emergency situations and the possibility of suspending elections