Published on 17 June 2024
SECOND SECTION
Application no. 24309/22
Nazlı ÇELİKMAKAS against Türkiye
and 9 other applications
(see list appended)
communicated on 27 May 2024
SUBJECT MATTER OF THE CASE
All the applications listed below (see appendix) concern the criminal conviction of the applicants to prison sentences combined with a measure of suspension of the pronouncement of the judgment on charges of insulting a public official, insulting the President of the Republic, insulting publicly the memory of Atatürk, publicly denigrating religious beliefs of a section of the public and praising an offence and offender for their acts and statements allegedly relating to the use by them of their freedom of expression.
Relying on Article 10 of the Convention, all the applicants complained that their convictions and the subsequent application of a measure of suspension of the pronouncement of the judgment violated their freedom of expression.
QUESTIONS TO THE PARTIES
Has there been an interference with the applicants’ right to freedom of expression, within the meaning of Article 10 § 1 of the Convention, due to their conviction to prison sentences combined with a measure of suspension of the pronouncement of the judgment?
If so, was that interference in accordance with the law and necessary in terms of Article 10 § 2?
Was the measure of the suspension of the pronouncement of the judgment imposed on the applicants prescribed by a legal basis defining the scope and modalities of this measure with sufficient clarity to enable the applicants to enjoy the degree of protection required by the rule of law in a democratic society (Durukan and Birol v. Türkiye, nos. 14879/20 and 13440/21, §§ 58‑68, 3 October 2023)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
Criminal charges
1.
24309/22
Çelikmakas v. Türkiye
20/04/2022
Nazlı ÇELİKMAKAS
1987
İstanbul
Turkish
Sevgi KALAN GÜVERCİN
Insulting a public official
2.
51636/22
Kaya v. Türkiye
17/10/2022
Murat KAYA
1986
Erzincan
Turkish
Sezai DEMİRBİLEK
publicly denigrating religious beliefs of a section of the public
3.
54984/22
Kanlısu v. Türkiye
14/11/2022
Kayra KANLISU
2003
İzmir
Turkish
Murat AYDIN
Insulting the President of the Republic
4.
11016/23
Malatyalı v. Türkiye
17/02/2023
Cansel MALATYALI
1969
Aydın
Turkish
Zafer İNCİN
Insulting the President of the Republic
Insulting a public official
5.
12523/23
Erkul v. Türkiye
06/03/2023
Hatice ERKUL
1980
İstanbul
Turkish
Kerami ÖZDEMİR
Insulting publicly the memory of Atatürk
6.
13346/23
Arslan v. Türkiye
07/03/2023
Ayşe ARSLAN
1988
İzmir
Turkish
Türkan ASLAN AĞAÇ
Insulting the President of the Republic
7.
13603/23
Aksu v. Türkiye
08/03/2023
Turhan AKSU
1971
İstanbul
Turkish
Yusuf Kenan ALTAN
Insulting the President of the Republic
8.
13604/23
Kaplan v. Türkiye
06/03/2023
Salih KAPLAN
1999
Şanlıurfa
Turkish
Mehmet BARAN
Praising an offence and offender
9.
18925/23
Yılmazarslan v. Türkiye
25/04/2023
Nilgün Aysel YILMAZARSLAN
1995
Ankara
Turkish
Doğukan Tonguç CANKURT
Insulting a public official
10.
27745/23
Zeyrek v. Türkiye
05/07/2023
Yasemin ZEYREK
1994
Adana
Turkish
Sevil ARACI
Insulting the President of the Republic