SECOND SECTION
Application no. 22112/12
Kemal AKTAŞ and others
against Turkey
lodged on 13 March 2012
STATEMENT OF FACTS
A list of the applicants is set out in the appendix.
A. The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
On 21 March 2006 the applicants attended the Newroz celebration in Silopi, district of Şırnak. The applicant, Kemal Aktaş, Hacı Üzen, Mesut Asan and Sabriye Burumtekin made a speech concerning the problems of Kurdish people. Additionally, the applicant Hasan Eren carried a poster of Abdullah Öcalan during the Newroz celebrations.
On 6 April 2006 criminal proceedings were brought against the applicants by the Silopi Public Prosecutor. On various dates, Hacı Üzen, Mesut Asan, Sabriye Burumtekin and Hasan Eren were placed in detention by the Silopi Magistrates’ Court.
On 12 July 2006 the applicants were released pending trial.
On 6 March 2008 the Diyarbakır Assize Court with special jurisdiction, which replaced the Silopi Assize Court, found the applicants guilty of the offence of making terrorist propaganda on behalf of an illegal organisation under Article 7 § 2 of the Prevention of Terrorism Act. The Diyarbakır Assize Court sentenced Hasan Eren to ten months’ imprisonment and the remaining applicants to two years and one month’s imprisonment.
On 22 September 2011 the Court of Cassation upheld this judgment.
B. Relevant domestic law
A full description of the relevant domestic law may be found in Faruk Temel v. Turkey (no. 16853/05, §§ 43-64, 1 February 2011).
COMPLAINT
The applicants contend under Article 10 of the Convention that the institution of criminal proceedings against them constituted an unjustified interference with their right to freedom of expression.
QUESTION TO THE PARTIES
Has there been a violation of the applicants’ right to freedom of expression within the meaning of Article 10 of the Convention (see Faruk Temel v. Turkey, no. 16853/05, 1 February 2011)?
Appendix Kemal AKTAŞ Mesut ASAN Sabriye BURUMTEKİN Hasan EREN Hacı ÜZEN
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