Communicated on 11 December 2017
SECOND SECTION
Application no. 62610/12
Esen ÖZBAY
against Turkey
lodged on 12 September 2012
SUBJECT MATTER OF THE CASE
The applicant is a Turkish national who was born in 1980 and lives in Istanbul. At the time of the events giving rise to the application, she was the editor-in-chief of a periodical entitled “Focus” (“Odak”). The application concerns the criminal convictions of the applicant for disseminating propaganda under section 7 § 2 of the Prevention of Terrorism Act (Law no. 3713) and approving crimes committed by an illegal organisation and its members under Article 215 of the Criminal Code (Law no. 5237), on account of certain articles published in the issues of 10 February 2005, 9 March 2006 and 4 May 2006 of the periodical.
The applicant relies on Articles 6 and 10 of the Convention.
QUESTIONS tO THE PARTIES
1. Has there been a violation of the applicant’s right to freedom of expression, contrary to Article 10 of the Convention, on account of her conviction under Article 215 of the Criminal Code and section 7(2) of the Prevention of Terrorism Act by the Ninth Chamber of the Istanbul Assize Court (case no. 2007/162, decision no. 2009/39) (see Bülent Kaya v. Turkey, no. 52056/08, 22 October 2013, and Belge v. Turkey, no. 50171/09, 6 December 2016)?
2. Has there been a violation of the applicant’s right to freedom of expression, contrary to Article 10 of the Convention, on account of her conviction under Article 215 of the Criminal Code by the Tenth Chamber of the Istanbul Assize Court (case no. 2006/333, decision no. 2008/344) (see Bülent Kaya v. Turkey, no. 52056/08, 22 October 2013)?
3. Has there been a violation of Article 6 § 1 of the Convention on account of the applicant’s impossibility to lodge an appeal against the judgments rendered by the Tenth Chamber of the Istanbul Assize Court (case no. 2006/333, decision no. 2008/344) (see Bayar and Gürbüz v. Turkey, no. 37569/06, 27 November 2012)
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