Published on 30 September 2024
SECOND SECTION
Application no. 9850/22
Fehim İŞBİLİR against Türkiye
and 2 other applications
(see list appended)
communicated on 9 September 2024
SUBJECT MATTER OF THE CASE
All the applications listed below (see appendix) concern the criminal conviction of the applicants to prison sentences or a judicial fine combined with a measure of suspension of the pronouncement of the judgment on charges of insulting a public official or insulting the President of the Republic 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 or a judicial fine 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.
9850/22
İşbilir v. Türkiye
25/01/2022
Fehim İŞBİLİR
1977
İzmir
Turkish
Nezahat PAŞA
Insulting the President of the Republic
2.
13876/23
Kurt v. Türkiye
06/03/2023
Murat KURT
1972
Şanlıurfa
Turkish
Müslüm BARAN
Insulting the President of the Republic
3.
13977/23
Karataş v. Türkiye
10/03/2023
Adnan KARATAŞ
1996
Adana
Turkish
Sevil ARACI
Insulting a public official