Communicated on 12 December 2017
SECOND SECTION
Application no. 81584/12
Kadri DEVİR
against Turkey
lodged on 18 September 2012
SUBJECT MATTER OF THE CASE
The applicant is a Turkish national who was born in 1995 and lives in Şanlıurfa. At the time of the events giving rise to the application, the applicant was a minor.
The application concerns the criminal proceedings brought against the applicant for disseminating propaganda under section 7 § 2 of the Prevention of Terrorism Act (Law no. 3713), on account of his participation in a demonstration, during which he allegedly chanted slogans. In the proceedings against him, the applicant submitted that he had participated in the demonstration but that he had not been able to chant slogans given that he had suffered from stuttering. On 3 May 2012 the applicant was convicted and sentenced to a total of six months and twenty days’ imprisonment. On the same day the pronouncement of his conviction was suspended on the condition that the applicant did not commit another intentional offence for a period of three years, under Article 231 of the Code of Criminal Procedure (hükmün açıklanmasının geri bırakılması). Subsequently, on 26 September 2012 the Suruç Criminal Court decided to suspend the execution of the applicant’s sentence and deferral of the prosecution (kovuşturmanın ertelenmesi) for a period of three years pursuant to Law no. 6352 which had entered into force on 2 July 2012.
The applicant relies on Articles 6 and 10 of the Convention.
QUESTIONs tO THE PARTIES
Has there been a violation of the applicant’s right to freedom of expression, contrary to Article 10 of the Convention, or his right to freedom of assembly, contrary to Article 11 of the Convention, on account of his conviction under section 7 § 2 of the Prevention of Terrorism Act? In particular, did the Suruç Criminal Court provide reasons for its decision (see Gülcü v. Turkey, no. 17526/10, §§ 113 and 114, 19 January 2016)?
The Government are invited to submit a copy of the documents in the case file including all reasoned decisions.
Full & Egal Universal Law Academy