Published on 17 June 2024
SECOND SECTION
Application no. 35316/22
Gürkan İSTEKLI against Türkiye
and 3 other applications
(see list appended)
communicated on 27 May 2024
SUBJECT MATTER OF THE CASE
All the applications listed below (see appendix) concern criminal convictions of the applicants to prison sentences combined with a measure of suspension of the pronouncement of the judgment on charges of disseminating propaganda in favour of an illegal organisation under Article 7 § 2 of Law no. 3713 and participating in unlawful meetings and demonstrations under Article 28 § 1 of Law no. 2911.
Relying on Articles 10 and 11 of the Convention, the applicants complained about their convictions and the subsequent application of a measure of suspension of the pronouncement of the judgment for their acts and statements allegedly related to their use of freedom of expression and freedom of peaceful assembly.
QUESTIONS TO THE PARTIES
Has there been an interference with the applicants’ right to freedom of expression and/or peaceful assembly within the meaning of Article 10 § 1 and 11 § 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 and/or Article 11 § 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
1.
35316/22
İstekli v. Türkiye
01/07/2022
Gürkan İSTEKLİ
1991
İstanbul
Turkish
Ayşe ACINIKLI
2.
35451/22
Ay v. Türkiye
01/07/2022
Raziye AY
1990
Istanbul
Turkish
Ayşe ACINIKLI EROL
3.
37258/22
Kavak v. Türkiye
01/07/2022
Ferhat KAVAK
1991
İstanbul
Turkish
Ayşe ACINIKLI
4.
38702/22
Okur v. Türkiye
01/07/2022
İdris OKUR
1990
Van
Turkish
Ayşe ACINIKLI EROL