Published on 17 June 2024
SECOND SECTION
Application no. 12095/23
Emre OĞUL
against Türkiye
lodged on 3 March 2023
communicated on 27 May 2024
SUBJECT MATTER OF THE CASE
The application concerns the criminal conviction of the applicant to a prison sentence combined with a measure of suspension of the pronouncement of the judgment on charges of insulting the President of the Republic due to his statements on his social media account.
The applicant complains under Article 6 of the Convention that the judgments of the first-instance court and appeal court lacked sufficient reasoning.
Relying on Article 10 of the Convention, the applicant also complained that his conviction and the subsequent application of a measure of suspension of the pronouncement of the judgment violated his freedom of expression.
QUESTIONS TO THE PARTIES
Has there been an interference with the applicant’s right to freedom of expression, within the meaning of Article 10 § 1 of the Convention, due to his conviction to a prison sentence 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 applicant prescribed by a legal basis defining the scope and modalities of this measure with sufficient clarity to enable the applicant 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)?