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0 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1983 and at the time of lodging his application he was serving his prison sentence in Bolu F-type prison. 5. On 10 December 2007 the applicant wrote a letter to a member of parliament, in which he had praised the imprisoned leader of the PKK, Abdullah Öcalan by using "Kürt Halk Önderi", meaning the leader of Kurdish people. 6. Pursuant to the Regulations on the administration of penitentiary institutions and the execution of sentences, the applicant was found guilty of breaching prison order by the Kocaeli F- type Prison Disciplinary Board (referred hereafter as "the Board") and on 24 December 2007 the applicant was sentenced to 13 days' solitary confinement, on account of his statements in the above mentioned letter. 7. On 17 January 2008 the Kocaeli Enforcement Judge rejected the applicant's objection. 8. On 14 February 2008 the Kocaeli Assize Court upheld the judgment of 17 January 2008. | Ruled as violated by court | null | null | true | 2 | The applicant has a right to free expression as displayed in the letter. However, one could argue that the letter threatens interests of a democratic society through interfering with the reputation of others, as the applicant refers to an imprisoned leader as the leader. | null |
1 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1974 and at the time of lodging his application he was serving his prison sentence in the Bolu F-type prison. 5. On 25 January 2008 the applicant wrote a letter to the Ministry of Justice, in which he had praised the imprisoned leader of the PKK, Abdullah Öcalan by using the honorific "sayın", meaning esteemed. 6. Pursuant to the Regulations on the administration of penitentiary institutions and the execution of sentences, the applicant was found guilty of breaching a prison order by the Bolu F-type Prison Disciplinary Board (referred hereafter as "the board"). 7. On 1 February 2008 the applicant was sentenced to 11 days' solitary confinement on the orders of the Board, on account of his statements in the above-mentioned letter. 8. On 26 February 2008 the Bolu Enforcement Judge rejected the applicant's objection. 9. On 11 March 2008 the Bolu Assize Court upheld the judgment of 26 February 2008. | Ruled as violated by court | null | null | true | 1 | While some may argue the honorific "esteemed" rises to the level of threatening democratic interests, it seems clear that this is the applicant's personal opinion. | null |
2 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1960 and at the time of lodging his application he was serving his prison sentence in the Bolu F-type prison. 5. On 3 December 2007 the applicant wrote a letter to the Ministry of Justice, in which he had praised the imprisoned leader of the PKK, Abdullah Öcalan by using the honorific "sayın", meaning esteemed. 6. Pursuant to the Regulations on the administration of penitentiary institutions and the execution of sentences, the applicant was found guilty of breaching prison order by the Bolu F- type Prison Disciplinary Board (referred hereafter as "the Board"). 7. On 12 December 2007 the applicant was sentenced to 11 days' solitary confinement on the orders of the Board, on account of his statements in the above mentioned letter. 8. On 25 December 2007 the Bolu Enforcement Judge rejected the applicant`s objection. 9. On 15 January 2008 the Bolu Assize Court upheld the judgment of 25 December 2007. | Ruled as violated by court | null | null | true | 1 | While some may argue the honorific "esteemed" rises to the level of threatening democratic interests, it seems clear that this is the applicant's personal opinion. The protest of visits and telephone calls does not seem to rise to the level of threatening democratic interests either. | null |
3 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1963 and at the time of lodging his application he was serving his prison sentence in the Bolu F-type prison. 5. On 3 December 2007 the applicant wrote a letter to the Ministry of Justice, in which he had praised the imprisoned leader of the PKK, Abdullah Öcalan by using the honorific "sayın", meaning esteemed. 6. Pursuant to the Regulations on the administration of penitentiary institutions and the execution of sentences, the applicant was found guilty of breaching prison order by the Bolu F- type Prison Disciplinary Board (referred hereafter as "the Board"). 7. On 12 December 2007 the applicant was sentenced to 11 days' solitary confinement on the orders of the Board, on account of his statements in the above mentioned letter. 8. On 25 December 2007 the Bolu Enforcement Judge rejected the applicant's objection. 9. On 15 January 2008 the Bolu Assize Court upheld the judgment of 25 December 2007. | Ruled as violated by court | null | null | true | 1 | While some may argue the honorific "esteemed" rises to the level of threatening democratic interests, it seems clear that this is the applicant's personal opinion. | null |
4 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicants were born in 1967, 1965 and 1972 respectively and at the time of lodging their applications they were serving their prison sentences in the Muş E-type prison. 5. On 6 and 7 March 2006 each applicant sent a letter to the Ministry of Justice, referring to the imprisoned leader of the PKK, Abdullah Öcalan, by using the honorific "sayın", meaning esteemed. 6. Pursuant to the Regulations on the administration of penitentiary institutions and the execution of sentences, the applicants were found guilty of breaching prison order by the Erzurum H- type Prison Disciplinary Board (referred hereafter as "the Board"). 7. On 5 April 2006 the applicants were each sentenced to 12 days' solitary confinement on the orders of the Board, on account of the statements in the above mentioned letters. 8. On 17 April 2006 the Erzurum Enforcement Judge rejected the applicants' objections. 9. On 30 June 2006 the Erzurum Assize Court upheld the judgment of 17 April 2006. 10. Furthermore, on 4 July 2005 a disciplinary sanction was imposed on the first applicant, as he avoided visits and telephone calls to protest against the detention conditions of Öcalan. He was accordingly banned from receiving visitors for 2 months. On 21 October 2005 and 14 November 2005, respectively, the Erzurum Enforcement Court and the Erzurum Assize Court rejected the first applicant's appeal requests. | Ruled as violated by court | null | null | true | 1 | While some may argue the honorific "esteemed" rises to the level of threatening democratic interests, it seems clear that this is the applicants' personal opinion. | null |
5 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicants, whose names are listed in the appendix, are Turkish nationals. 6. On 17 and 18 July 2008, each of the applicants sent a letter to the Halfeti (Şanlıurfa) public prosecutor`s office which contained the following passage:
"If using the word of "sayın" (esteemed) is an offense, then I also say "Sayın Abdullah Öcalan", I commit this offense and denounce myself." 7. On 19 September 2008, the public prosecutor filed a bill of indictment with the Halfeti Magistrates' Court in Criminal Matters against the applicants. They were charged with praising an offence and offender, prescribed by Article 215 of the Criminal Code (Law no. 5237), on account of their statements in the above mentioned letters. 8. On 9 March 2009 the Halfeti Magistrates' Court in Criminal Matters found the applicants guilty of praising the imprisoned leader of the PKK, an illegal armed organisation, on account of their statements in the aforementioned letters and accordingly, sentenced them each to two months and fifteen days' imprisonment. In accordance with Article 50 of the Criminal Code, this prison sentence was commuted to a fine of 1,500 Turkish Liras (TRY). 9. The applicants appealed against this judgment. On 20 June 2012 the Court of Cassation, holding that the amount of the fine that had been imposed on the applicants did not attain the minimum requisite level, dismissed the appeal request. | Ruled as violated by court | null | null | true | 2 | The applicant has a right to free expression as displayed in the letter. However, one could argue that the letter threatens interests of a democratic society through welcoming and explicitly declaring themselves as committing a crime. | null |
6 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1985 and lives in Adıyaman. 5. On 21 March 2007 the applicant participated in the Newroz (Kurdish New Year) celebrations held in Malatya. 6. On an unspecified date the Malatya public prosecutor filed an indictment charging the applicant and twenty other people with disseminating propaganda in favour of the PKK under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). The public prosecutor claimed that the applicant had waved a green, yellow and red flag symbolising the PKK. 7. On 6 March 2008 the Malatya Assize Court convicted all of the accused as charged, including the applicant. On the basis of evidence in the case file, the court found it established that one of the accused, Ms N.K., had made a press statement, and the other accused, including the applicant, had chanted slogans in favour of the PKK and its leader. The court also noted that the accused had waved the so-called flag of the PKK. The applicant was sentenced to ten months' imprisonment. 8. On 31 May 2011 the Court of Cassation upheld the judgment of 6 March 2008. 9. On 21 December 2011 the applicant started serving his prison sentence. 10. On 12 July 2012 the Malatya Assize Court ordered the applicant's release from prison in accordance with Law no. 6352, which had entered into force on 5 July 2012 and had amended certain provisions of Law no. 3713. 11. On 12 December 2012 the Malatya Assize Court decided to suspend the execution of the applicant's prison sentence in accordance with provisional section 1 of Law no. 6352. The suspension was for a period of three years, on the condition that he did not commit a terrorism-related offence during that period. | Ruled as violated by court | null | null | true | 1 | While some may argue the flag-waving and slogan-chanting rises to the level of threatening democratic interests through interfering with the reputation of others, it seems clear that this is the applicant's personal opinion. | null |
7 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicants were born in 1957 and 1981 and live in Diyarbakır and Adana respectively. 6. On 17 August 2006 the Adana public prosecutor filed a bill of indictment with Adana Magistrate's Court charging the applicants and five other persons with praising an offence and an offender under Article 215 of the Criminal Code. The public prosecutor alleged that the applicants had signed a petition in September 2005 which had been drafted in order to be sent to several institutions. The petition read as follows:
"As a person from Kurdistan, I consider and accept Mr/Esteemed Abdullah Öcalan of Kurdistan as a political actor."[1] 7. On 19 January 2007 the Adana Magistrate's Court decided that it lacked jurisdiction in the case due to the possibility of application of section 7(2) of the Prevention of Terrorism Act (Law no. 3713) proscribing disseminating propaganda in favour of a terrorist organisation. The court then sent the file to Adana Assize Court. 8. On 24 March 2008 the Adana Assize Court convicted the applicants of disseminating propaganda in favour of a terrorist organisation under section 7(2) of Law No. 3713 and sentenced them each to two years' imprisonment. In its judgment, the first-instance court found it established that the above-mentioned petition had been prepared for the purpose of disseminating propaganda in favour of the PKK and its leader and that by signing that petition the applicants had committed the offence proscribed in section 7(2) of Law no. 3713. 9. On 13 July 2011 the Court of Cassation upheld the judgment of 24 March 2008. On 24 August 2011 the Court of Cassation's judgment was deposited with the first instance court's registry. 10. On an unspecified date the second applicant started serving his prison sentence. 11. On 19 October 2012 the Adana Assize Court decided to suspend the execution of the applicants' prison sentence in accordance with Law no. 6352 which had entered into force on 5 July 2012 and which had amended certain provisions of Law no. 3713. The suspension was for a period of three years, on condition that they did not commit an offence through the press, media or other methods of expressing ideas and opinions. | Ruled as violated by court | null | null | true | 2 | The applicant has a right to free expression as displayed in the petition. However, one could argue that the letter threatens interests of a democratic society through interfering with the reputation of others, as the applicant accepts the leader of a terrorist organization as their political actor. | null |
8 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1960 and lives in Diyarbakır. 6. On 30 September 2007 a reading out of a press statement and a march were held in Diyarbakır in order to protest about the conditions of detention and alleged poisoning of Abdullah Öcalan, the leader of the PKK (Kurdistan Workers' Party), an illegal armed organisation. The protesters gathered in front of the building of the Diyarbakır branch of the Democratic Society Party (Demokratik Toplum Partisi) (DTP) where a press statement was read out. They then marched. The applicant, as a member of the DTP, participated in the gathering and the ensuing march. According to a police report dated 9 October 2007, the applicant was seen while carrying a banner which read "İnsanlık zehirleniyor" ("The humanity is being poisoned") and applauding together with other demonstrators in the police video footage. 7. On 9 October 2007 the applicant was taken into police custody. On the same day she was detained on remand. 8. On 17 October 2007 the Diyarbakır public prosecutor charged the applicant with disseminating propaganda in favour of a terrorist organisation under section 7(2) of the Prevention of Terrorism Act (Law no. 3713) on account of the content of the banner she had carried during the demonstration of 30 September 2007. 9. On 4 December 2007 the applicant was released pending trial. 10. On 18 March 2008 the Diyarbakır Assize Court convicted the applicant as charged. The court found it established, on the basis of an expert report on the police video footage, that the applicant had been together with other persons who had chanted the slogan "Be Serok Jiyan Nabe" ("There is no life without the leader") and that she had carried a banner which read "The humanity is being poisoned". The applicant was sentenced to ten months' imprisonment. 11. On 9 January 2012 the Court of Cassation upheld the judgment of 18 March 2008. 12. On an unspecified date the applicant started serving her prison sentence. On 17 July 2012, upon the applicant's request, the Diyarbakır Assize Court ordered her release from prison, in accordance with Law no. 6352 which had entered into force on 5 July 2012 and which had amended certain provisions of Law no. 3713. | Ruled as violated by court | null | 6. On 30 September 2007 a reading out of a press statement and a march were held in Diyarbakır in order to protest about the conditions of detention and alleged poisoning of Abdullah Öcalan, the leader of the PKK (Kurdistan Workers' Party), an illegal armed organisation. The protesters gathered in front of the building of the Diyarbakır branch of the Democratic Society Party (Demokratik Toplum Partisi) (DTP) where a press statement was read out. They then marched. The applicant, as a member of the DTP, participated in the gathering and the ensuing march. According to a police report dated 9 October 2007, the applicant was seen while carrying a banner which read "İnsanlık zehirleniyor" ("The humanity is being poisoned") and applauding together with other demonstrators in the police video footage. 10. On 18 March 2008 the Diyarbakır Assize Court convicted the applicant as charged. The court found it established, on the basis of an expert report on the police video footage, that the applicant had been together with other persons who had chanted the slogan "Be Serok Jiyan Nabe" ("There is no life without the leader") and that she had carried a banner which read "The humanity is being poisoned". The applicant was sentenced to ten months' imprisonment. | true | 1 | While some may argue the protesting rises to the level of threatening democratic interests through interfering with the reputation of others, the context of this being a protest and the applicant's membership with the protesting party makes it seem clear that this is the applicant's personal opinion. | null |
9 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1983 and lives in Tunceli. 6. On 5 April 2007 the applicant attended a concert performed by a band called "Grup Yorum" in the Hozat district of Tunceli. 7. On 17 October 2007 the Malatya public prosecutor filed an indictment with the Malatya Assize Court, charging the applicant with disseminating propaganda in favour of the DHKP/C (Revolutionary People's Liberation Party/Front), an illegal armed organisation, under section 7 (2) of the Prevention of Terrorism Act (Law no. 3713). The public prosecutor noted that the applicant had chanted the following slogans during the concert: "Mahir, Hüseyin, Ulaş; Fight until emancipation"[1] ("Mahir, Hüseyin, Ulaş; Kurtuluşa kadar savaş"); "Martyrs of the revolution are immortal" ("Devrim şehitleri ölümsüzdür"); "Revolutionary prisoners are our honour" ("Devrimci tutsaklar onurumuzdur"); and "Victory on mountains, emancipation at the front; long live victory, long live resistance" ("Dağlarda zafer, cephede kurtuluş; yaşasın zafer, yaşasın direniş"). 8. During the investigation and the proceedings against him, the applicant stated that he had attended the concert in question and chanted the slogans "Music shall not stop, dance shall continue" ("Türküler susmaz , halaylar sürer") and "We will not be defeated by oppression" ("Baskılar bizi yıldıramaz"). He also noted that he had been on the concert's organising committee. 9. On 6 March 2008 the Malatya Assize Court convicted the applicant as charged and sentenced him to ten months' imprisonment. In its judgment, on the basis of a police report on a police video recording of the concert of 5 April 2007, the indictment, the applicant's defence submissions, and the public prosecutor's observations on the merits of the case, the court considered it established that the applicant had chanted the slogans noted in the indictment. The court considered that the concert, for which legal and administrative authorisation had been obtained, had become a propaganda activity in favour of the DHKP/C, and that the applicant had chanted slogans used by that organisation. The Malatya Assize Court concluded that the applicant had committed the offence of disseminating propaganda in favour of a terrorist organisation. 10. The applicant appealed. 11. On 4 July 2011 the Court of Cassation upheld the first-instance court's judgment. 12. Between 6 October 2011 and 1 August 2012 the applicant duly served his prison sentence. | Ruled as violated by court | null | 7. On 17 October 2007 the Malatya public prosecutor filed an indictment with the Malatya Assize Court, charging the applicant with disseminating propaganda in favour of the DHKP/C (Revolutionary People's Liberation Party/Front), an illegal armed organisation, under section 7 (2) of the Prevention of Terrorism Act (Law no. 3713). The public prosecutor noted that the applicant had chanted the following slogans during the concert: "Mahir, Hüseyin, Ulaş; Fight until emancipation"[1] ("Mahir, Hüseyin, Ulaş; Kurtuluşa kadar savaş"); "Martyrs of the revolution are immortal" ("Devrim şehitleri ölümsüzdür"); "Revolutionary prisoners are our honour" ("Devrimci tutsaklar onurumuzdur"); and "Victory on mountains, emancipation at the front; long live victory, long live resistance" ("Dağlarda zafer, cephede kurtuluş; yaşasın zafer, yaşasın direniş"). 8. During the investigation and the proceedings against him, the applicant stated that he had attended the concert in question and chanted the slogans "Music shall not stop, dance shall continue" ("Türküler susmaz , halaylar sürer") and "We will not be defeated by oppression" ("Baskılar bizi yıldıramaz"). He also noted that he had been on the concert's organising committee. | true | 2 | The applicant has a right to free expression as displayed during the concert. However, one could argue that this behavior threatens interests of a democratic society through interfering with the rights of other concertgoers who did not expect to attend a protest event. | null |
10 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicants were born in 1987 and 1986 and live in Gümüşhane and Erzincan respectively. 5. On 18 May 2007 the applicants participated in reading out a press statement in commemoration of İbrahim Kaypakkaya, the leader of the TKP/ML[1] (Turkish Communist Party – Marxist/Leninist), who had died in 1973, allegedly under torture in police custody. 6. On 7 January 2008 the Erzurum public prosecutor initiated criminal proceedings against fifteen people, including the applicants, charging them with disseminating propaganda in favour of the TKP/ML, under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). According to the indictment, during the gathering, the second applicant had read out a press declaration containing statements praising the TKP/ML and İbrahim Kaypakkaya, and the following slogans had been chanted by the demonstrators: "İbrahim is our leader", "Our struggle continues and shall continue", "İbrahim Kaypakkaya is immortal", "Down with the USA" and "We will drown fascism in the blood it has shed". The group had also carried a banner which read "İbrahim Kaypakkaya is immortal – Partizan"[2]. 7. On 31 March 2009 the Erzurum Assize Court found the applicants guilty as charged and sentenced each of them to ten months' imprisonment pursuant to section 7(2) of Law no. 3713. In its judgment, the assize court held that the applicants had disseminated propaganda in favour of the TKP/ML, given that the second applicant had read out the press statement and the first applicant had chanted slogans. The court based its judgment on a report prepared by an expert regarding a police video-recording of the public gathering in question. 8. Taking into account the applicants' good behaviour during the trial and the fact that they had no previous criminal convictions, the court suspended pronouncement of the applicants' conviction on the condition that they did not commit another intentional offence for a period of five years, under Article 231 of the Code of Criminal Procedure (hükmün açıklanmasının geri bırakılması). 9. The applicants filed an objection against the decision of 31 March 2009. In their petition, they stated that the first-instance court had erred in interpreting the facts and the law, and they asked to be acquitted of the charges against them. They further stated that their prosecution had constituted a breach of Article 10 of the Convention. 10. On 20 July 2009 the Diyarbakır Assize Court held that the application of Article 231 of the Code of Criminal Procedure in the case was in line with the domestic law, and rejected the applicants' objection without examining the merits of the case. That decision was served on the applicants on 5 August 2009. | Ruled as violated by court | null | 6. On 7 January 2008 the Erzurum public prosecutor initiated criminal proceedings against fifteen people, including the applicants, charging them with disseminating propaganda in favour of the TKP/ML, under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). According to the indictment, during the gathering, the second applicant had read out a press declaration containing statements praising the TKP/ML and İbrahim Kaypakkaya, and the following slogans had been chanted by the demonstrators: "İbrahim is our leader", "Our struggle continues and shall continue", "İbrahim Kaypakkaya is immortal", "Down with the USA" and "We will drown fascism in the blood it has shed". The group had also carried a banner which read "İbrahim Kaypakkaya is immortal – Partizan"[2]. | true | 1 | While some may argue the statements rise to the level of threatening democratic interests through interfering with the reputation of others, the context of this being a press reading makes it seem clear that this is the applicant's personal opinion. | null |
11 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant, who was born in 1948, lives in Corjova, a village under the formal control of Moldovan authorities, but where agents of the self‑proclaimed "Transdniestrian Moldovan Republic" ("MRT", see Ilaşcu and Others v. Moldova and Russia [GC], no. 48787/99, § 90, ECHR 2004‑VII for further details) frequently intervened during the events in question, notably by blocking the participation of the local population in elections held in Moldova. 6. On 3 June 2007 local elections were to be held in Moldova, including in Corjova. The applicant, who is an ambulance driver, submitted his candidature for the position of Mayor of Corjova. 7. On 1 June 2007, at 11 p.m., the applicant's ambulance was stopped by the "MRT" road militia and his documents (Moldovan national identity card and driving licence) were taken away from him without any explanation. 8. On 2 June 2007 the applicant went to the "MRT" militia station located in Dubăsari and asked for the return of his documents. He was then arrested and placed in a detention cell. A few hours later a person came to his cell and, without presenting himself, asked him about his work and his electoral propaganda. The applicant later found out that the visitor had been a judge and that, following that discussion in the cell, the judge adopted a decision, finding him guilty of the administrative offence of unlawful electoral propaganda and sentencing him to 15 days' administrative detention. 9. The applicant submits that he was not allowed to contact his relatives or to find a lawyer, and was not issued with a copy of the court's decision, which prevented any possibility of lodging an effective appeal against the decision of 2 June 2007. 10. During his detention the applicant was placed in a cell which, according to him was damp and cold. Food was given once a day. When the applicant's relatives, alerted by his absence, contacted the local authorities in order to find out about his fate, they were informed of the applicant's detention. However, their requests to transmit food to him were allegedly rejected. 11. On 17 June 2007 the applicant was released from detention and he was issued with a copy of the decision of 2 June 2007. The time-limit for lodging an appeal had already expired by that time. Upon release, he was allegedly coughing and was diagnosed with chronic acute bronchitis. He also claims that his eyesight worsened considerably. 12. In the meantime, on 6 June 2007, the applicant complained to the Moldovan prosecutor's office of his unlawful detention. Based on this complaint, a criminal investigation was initiated on 12 June 2007, the applicant and witnesses were subsequently heard. Three high-ranking "MRT" officers were charged and were declared wanted persons. However, on 4 August 2010 the investigation was suspended due to the fact that the three accused were hiding from it in the "MRT". | Ruled as violated by court | null | null | false | 0 | The MRT has clearly acted against the interests of a democratic society in blocking election participation and infringing on the rights of the applicant. | null |
12 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 7. The applicants were born in 1987 and 1985, respectively, and live in the Hozat district of Tunceli. 8. On 5 April 2007 the applicants attended a concert performed by a band called "Grup Yorum" in Hozat. During the concert they chanted certain slogans, such as "Revolutionary prisoners are immortal" ("Devrimci tutsaklar ölümsüzdür"), "Revolutionary prisoners are our honour" ("Devrimci tutsaklar onurumuzdur"). 9. On 17 October 2007 the Malatya public prosecutor filed an indictment with the Malatya Assize Court charging the applicants with disseminating propaganda in favour of the "DHKP/C" (Revolutionary People's Liberation Party/Front), an illegal armed organisation, under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). The public prosecutor noted that the first applicant had chanted the slogan "Revolutionary prisoners are our honour" ("Devrimci tutsaklar onurumuzdur") during the concert. As regards the second applicant, the public prosecutor alleged that he had chanted the following slogans during the same concert: "Mahir, Hüseyin, Ulaş; Fight until emancipation"[1] ("Mahir, Hüseyin, Ulaş; Kurtuluşa kadar savaş"); "Martyrs of the revolution are immortal" ("Devrim şehitleri ölümsüzdür"); "Revolutionary prisoners are our honour", "Victory on mountains, emancipation at the front; long live victory, long live resistance" ("Dağlarda zafer, cephede kurtuluş; yaşasın zafer, yaşasın direniş"). 11. On 6 March 2008 the Malatya Assize Court convicted the applicants as charged and sentenced them to ten months' imprisonment each. In its judgment, the assize court considered it established, on the basis of a police video recording of the concert of 5 April 2007, a report on the video recording, the indictment, the applicants' defence submissions and the public prosecutor's observations on the merits of the case, that the applicants had chanted the slogans noted in the indictment. The court considered that the concert in question had become a propaganda activity in favour of the DHKP/C and that the applicants had chanted slogans that were used by that organisation. The Malatya Assize Court concluded that the applicants had committed the offence of dissemination of propaganda in favour of a terrorist organisation. 12. The applicants appealed. 13. On 4 July 2011 the Court of Cassation upheld the first-instance court's judgment. 14. On 13 and 14 September 2011 the applicants were informed that they had to start serving their prison sentences within ten days. According to the applicants' submissions, which were not contested by the Government, upon receipt of the summons to serve the prison sentences, both applicants duly served them. | Ruled as violated by court | null | null | true | 2 | The applicant has a right to free expression as displayed during the concert. However, one could argue that this behavior threatens interests of a democratic society through interfering with the rights of other concertgoers who did not expect to attend a protest event. | edited by me to remove ambiguity in fact pattern |
13 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1979 and lives in Adana. 5. At the time of the events giving rise to the application, the applicant was a member of the Socialist Democracy Party (Sosyalist Demokrasi Partisi). 6. On 21 March 2007 the applicant attended the Newroz (Kurdish New Year) celebrations in Adana, where he made a speech on behalf of his political party. According to a report prepared on the same day by the police, in his speech the applicant stated that the military forces should comply with the ceasefire declared by the PKK and that a general amnesty should be declared. He contended that people were being detained for referring to Abdullah Öcalan, the leader of the PKK, as "Sayın (Esteemed) Öcalan" whereas the Prime Minister also referred to him as "Sayın Öcalan". The applicant further stated that Abdullah Öcalan should not be kept in isolation in prison and that independent doctors should visit him. He lastly made the following statement:
"Do not fire but talk for resolving the Kurdish issue". 7. The police report of 21 March 2007 further stated that subsequent to the applicant's speech, songs with Kurdish lyrics were played and some demonstrators waved PKK flags. 8. On 6 April 2007 the Adana public prosecutor asked two experts to prepare a report on the police video recordings of the celebrations of 21 March 2007. According to the report dated 16 April 2007 prepared by two persons, the demonstrators chanted certain slogans and waved flags and posters of Abdullah Öcalan from time to time during the celebrations. 9. On 18 April 2007 the Adana public prosecutor filed a bill of indictment with the Adana Assize Court charging the applicant with membership of the PKK[1] under Articles 220 § 7 and 314 § 2 of the Criminal Code on account of his participation in the demonstration of 21 March 2007 and of the content of his speech. He relied on the police report of 21 March 2007, the police video recordings of the Newroz celebrations and the expert report dated 16 April 2007. 10. On an unspecified date the Adana public prosecutor amended the charges against the applicant and asked the Adana Assize Court to convict him of disseminating propaganda in favour of the PKK under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). 11. On 24 March 2008 the Adana Assize Court convicted the applicant under the aforementioned provision and sentenced him to ten months' imprisonment. The court considered, on the basis of the police report of 21 March 2007 and the expert report of 16 April 2007, that the applicant's statements had constituted propaganda in favour of the PKK and that the crowd had chanted slogans in favour of the PKK after having listened the applicant's speech. 12. On 19 July 2011 the Court of Cassation upheld the judgment of 24 March 2008. 13. On 11 January 2012 the applicant started serving his prison sentence. On 29 May 2012 the Adana Assize Court granted the applicant early conditional release starting from 3 June 2012. | Ruled as violated by court | null | 7. The police report of 21 March 2007 further stated that subsequent to the applicant's speech, songs with Kurdish lyrics were played and some demonstrators waved PKK flags. 8. On 6 April 2007 the Adana public prosecutor asked two experts to prepare a report on the police video recordings of the celebrations of 21 March 2007. According to the report dated 16 April 2007 prepared by two persons, the demonstrators chanted certain slogans and waved flags and posters of Abdullah Öcalan from time to time during the celebrations. 11. On 24 March 2008 the Adana Assize Court convicted the applicant under the aforementioned provision and sentenced him to ten months' imprisonment. The court considered, on the basis of the police report of 21 March 2007 and the expert report of 16 April 2007, that the applicant's statements had constituted propaganda in favour of the PKK and that the crowd had chanted slogans in favour of the PKK after having listened the applicant's speech. | true | 1 | While some may argue the protesting rises to the level of threatening democratic interests through interfering with the rights of other celebration-goers who did not expect to attend a protest event, the context of this being on behalf of the protesting party, which the applicant is a member of, makes it seem clear that this is the applicant's personal opinion. | null |
14 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1985 and lives in the Kızıltepe district of Mardin. 6. On 30 March 2006 the applicant participated in a march and the reading out of a press statement held by the Party for a Democratic Society (Demokratik Toplum Partisi –"the DTP") in Kızıltepe. The protesters gathered in front of the building of the Kızıltepe branch of the DTP and walked to the building of the district branch of the Justice and Development Party (Adalet ve Kalkınma Partisi), where a press statement was read out. The press statement concerned the clashes that had occurred between demonstrators and the police in Diyarbakır on 29 and 30 March 2006. The protestors then returned to the DTP building. During the march the protesters chanted slogans. The applicant participated in the march and the reading out of the press statement as a member of the DTP. 7. On 8 March 2007 the Diyarbakır public prosecutor filed an indictment charging the applicant and eleven other individuals with disseminating propaganda in favour of the PKK under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). The public prosecutor claimed that the applicant had attended the demonstration of 30 March 2006 and chanted the slogan "Tooth for tooth, blood for blood, we are with you Öcalan" ("Dişe diş, kana kan, seninleyiz Öcalan"). 8. Within the context of the criminal proceedings initiated following the indictment dated 8 March 2007, an expert who had examined the police video recordings of the public gathering of 30 March 2006 observed that the applicant had acted together with the crowd, but that it could not be established whether he had chanted the above-mentioned slogan since he had covered his mouth and nose. 9. On 22 April 2008 the Diyarbakır Assize Court convicted the applicant under section 7(2) of Law no. 3713. In its judgment, the court noted that the applicant had accepted that he had participated in the march and the reading out of the press statement, but denied the veracity of the allegation that he had chanted any slogan. The Assize Court found it established that the march and the gathering at which a press statement had been read out on 30 March 2006 had turned into a propaganda event in favour of the PKK and an illegal demonstration, and that the accused, including the applicant, had actively participated in that event. The Assize Court further observed that although, according to the expert report, it could not be established that the applicant had chanted the slogan, on the basis of the photographs in the case file, it was established that he had acted together with the demonstrators. Noting that there were other demonstrators who had covered their mouths and that the police documents showed that the applicant had actively taken part in the demonstration and instructed others to chant slogans, the Assize Court concluded that the applicant had committed the offence of dissemination of propaganda in favour of a terrorist organisation. The applicant was sentenced to ten months' imprisonment. 10. On 2 July 2009 the Court of Cassation upheld the judgment of 22 April 2008. 11. On 4 February 2011 the applicant started serving his prison sentence. On 21 June 2011 he was conditionally released. | Ruled as violated by court | null | 9. On 22 April 2008 the Diyarbakır Assize Court convicted the applicant under section 7(2) of Law no. 3713. In its judgment, the court noted that the applicant had accepted that he had participated in the march and the reading out of the press statement, but denied the veracity of the allegation that he had chanted any slogan. The Assize Court found it established that the march and the gathering at which a press statement had been read out on 30 March 2006 had turned into a propaganda event in favour of the PKK and an illegal demonstration, and that the accused, including the applicant, had actively participated in that event. The Assize Court further observed that although, according to the expert report, it could not be established that the applicant had chanted the slogan, on the basis of the photographs in the case file, it was established that he had acted together with the demonstrators. Noting that there were other demonstrators who had covered their mouths and that the police documents showed that the applicant had actively taken part in the demonstration and instructed others to chant slogans, the Assize Court concluded that the applicant had committed the offence of dissemination of propaganda in favour of a terrorist organisation. The applicant was sentenced to ten months' imprisonment. | true | 1 | While some may argue the protesting rises to the level of threatening democratic interests through interfering with the reputation of others, the context of this being a protest and the applicant's membership with the protesting party makes it seem clear that this is the applicant's personal opinion. | null |
15 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 6. The applicant was born in 1974 and lives in İzmir. 7. On 21 March 2007 the applicant attended celebrations for the festival of Newroz in Buca, a district of the city of İzmir, as one of the moderators. While she was hosting the event, the applicant addressed the crowd in Kurdish and invited them to observe a minute's silence in memory of "Newroz martyrs" and martyrs for freedom and democracy. 8. On 10 April 2007 the İzmir Assize Court issued a warrant for the applicant's arrest and a search of her residence. 9. On 11 April 2007 she was arrested at her house. 10. On 12 April 2007 the applicant was brought before the public prosecutor and the investigating judge. In her statements to the public prosecutor and the judge, she maintained that she had attended the Newroz celebrations as a moderator and that she had not shouted any illegal slogans. She stated that she had called for a minute's silence in memory of revolutionary martyrs. The investigating judge remanded the applicant in custody following her questioning. 11. On 24 April 2007 the public prosecutor instituted criminal proceedings before the İzmir Assize Court against the applicant and seven other individuals, charging them under section 7(2) of the Prevention of Terrorism Act (Law no. 3713) with disseminating propaganda in favour of an illegal organisation and, under Article 215 of the Criminal Code, praising a crime or a criminal. Subsequently the criminal proceedings commenced before the İzmir Assize Court. 12. On 13 August 2007, at the end of the first hearing in the trial, the first‑instance court ordered the applicant's release. 13. On 10 September 2008 the İzmir Assize Court convicted the applicant under section 7(2) of Law no. 3713 of disseminating propaganda in favour of an illegal organisation and sentenced her to one year's imprisonment. The court observed that the applicant had made a speech in Kurdish, that a man had translated her words into Turkish at the end of her speech, and that according to the translation she had uttered the following sentences:
"Welcome. I wish you a happy Newroz. We thank those who enabled us to be where we are today. I invite you to stand to observe a moment of silence in memory of Newroz martyrs, martyrs for freedom and democracy, and those who enabled us to be where we are today." 14. The Assize Court further noted that following the applicant's speech the crowd had made a "V" sign and that during the speeches made by the other speakers, the crowd had chanted slogans in favour of the PKK and its leader. According to the court, the Newroz celebrations had turned into a propaganda event in favour of the PKK and the speakers had chanted slogans and had incited the crowd to chant slogans. The court also observed that during the celebrations, symbols and banners of the PKK had been carried by the crowd. The court found that the speakers had provoked the crowd and had as a result committed the offence of disseminating propaganda in favour of a terrorist organisation. The court considered that in view of the applicant's conviction under section 7(2) of Law no. 3713 it was unnecessary to deliver a decision in respect of the charges under Article 215 of the Criminal Code. 15. On 21 September 2010 the Court of Cassation upheld the judgment of the İzmir Assize Court. 16. Between 13 January and 22 June 2012 the applicant served her prison sentence. On 22 June 2012 the Diyarbakır Assize Court ordered her conditional release. | Ruled as violated by court | null | 13. On 10 September 2008 the İzmir Assize Court convicted the applicant under section 7(2) of Law no. 3713 of disseminating propaganda in favour of an illegal organisation and sentenced her to one year's imprisonment. The court observed that the applicant had made a speech in Kurdish, that a man had translated her words into Turkish at the end of her speech, and that according to the translation she had uttered the following sentences:
"Welcome. I wish you a happy Newroz. We thank those who enabled us to be where we are today. I invite you to stand to observe a moment of silence in memory of Newroz martyrs, martyrs for freedom and democracy, and those who enabled us to be where we are today." 14. The Assize Court further noted that following the applicant's speech the crowd had made a "V" sign and that during the speeches made by the other speakers, the crowd had chanted slogans in favour of the PKK and its leader. According to the court, the Newroz celebrations had turned into a propaganda event in favour of the PKK and the speakers had chanted slogans and had incited the crowd to chant slogans. The court also observed that during the celebrations, symbols and banners of the PKK had been carried by the crowd. The court found that the speakers had provoked the crowd and had as a result committed the offence of disseminating propaganda in favour of a terrorist organisation. The court considered that in view of the applicant's conviction under section 7(2) of Law no. 3713 it was unnecessary to deliver a decision in respect of the charges under Article 215 of the Criminal Code. | true | 1 | While some, like the court, may argue that this threatens democratic interests through encouraging terrorism against national security, the context of this being a protest and the applicant's membership with the protesting party makes it seem clear that this is the applicant's personal opinion. | null |
16 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1979 and lives in Istanbul. He was the owner and the editor-in-chief of a publishing house, Aram Basım ve Yayıncılık, which published a periodical, Vesta. 5. In 2004 an article written by Mr M.Ş. entitled "On the Kurdish Intellectual" was published in Vesta. 6. On 29 December 2004 the Istanbul public prosecutor filed an indictment with the Istanbul Assize Court, charging the applicant with disseminating propaganda in favour of a terrorist organisation under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). According to the indictment, certain passages of the article depicted the PKK[1] as part of the Kurdish intellectual movement and hence constituted propaganda of the organisation, known for employing violence and terror. 7. On 23 September 2008 the Istanbul Assize Court convicted the applicant of disseminating propaganda in favour of the PKK under section 7(2) of Law no. 3713 as he had published the article in question in Vesta. 8. In its judgment, the Istanbul Assize Court cited the following passages from the article:
"In Kurdish history, there have been moments, in certain periods, during which Kurdish literature and culture developed and shone. In those moments, sparks of thought appeared. However, objectively and without renouncing the past, the conditions of the birth of Kurdish intellectualism are based on the 1970s. In earlier periods, there had only been individual and temporary developments not creating traditions. The political nature of the 20th century, the existence and rise of national liberation movements, the emergence of modern currents in Kurdish politics and, most importantly, the creation of a mass movement, served as the basis for the birth of the Kurdish intellectual. This process was manifested in the figure of the PKK. All political movements before the PKK were rebellious, devoid of political depth, tactical unity, stable path and permanence. The ideological and intellectual superficiality of these revolts and their fierce repression led to the loss of existing knowledge and to falling behind. From this point of view, through political and thoughtful analysis, while being free from the system and alienation, and bearing within it its own cultural identity based on the impoverished Kurdish rustics, [the PKK] allowed the beginning of a permanent and stable political enlightenment process.
...
Another characteristic of the PKK movement at the beginning was that it realised that [the previous] abstract and theoretical movements had not led to a solution but deepened the problem.
...
The fact that the PKK movement was based on the impoverished Kurdish rustics who were intact and preserved their national identity paved the way for a start favourable for a confident, militant and revolutionary tradition. Yet, the progress of the movement was accompanied by the downfall of the level of quality." 9. The court considered that the aforementioned passages and the article in its entirety constituted propaganda in favour of the PKK. It hence sentenced the applicant to ten months' imprisonment and ordered him to pay a fine of 375 Turkish liras (TRY). Taking into account his good behaviour during the trial and his character, the court suspended the pronouncement of his conviction on condition that he did not commit another intentional offence for a period of five years, under Article 231 of the Code of Criminal Procedure (hükmün açıklanmasının geri bırakılması). 10. On 22 October 2008 the court dismissed an objection lodged by the applicant against the above-mentioned decision. | Ruled as violated by court | null | null | true | 1 | While some, like the court, may argue that this rises to the level of threatening democratic interests through encouraging terrorism against national security, the publication of an article in a periodical is clearly a matter of personal opinion. | null |
17 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1982 and lives in Bern, Switzerland. At the time of the events giving rise to the present application, he was the editor‑in-chief of Ülkede Özgür Gündem, a daily newspaper published in Turkey. 6. On 6 July 2004 an article written by Mr B.G. entitled "Analysing the Kurdish dynamic correctly" was published in Ülkede Özgür Gündem. In his article, Mr B.G. stated his views on the role of Abdullah Öcalan, the leader of the PKK (an illegal armed organisation), a number of organisations associated with the PKK in regional and international politics and political developments in Turkey. Next to the article a photograph of Abdullah Öcalan shaking hands with a group of armed men was published. 7. On 8 July 2004 the public prosecutor at the Istanbul Assize Court filed a bill of indictment, charging the applicant with disseminating propaganda in favour of the KONGRA-GEL[1] under section 7(2) of the Prevention of Terrorism Act (Law no. 3713) on account of the article published on 6 July 2004. In the indictment, the public prosecutor quoted the following passage from the article:
"... Abdullah Öcalan, who has contributed to the essential dynamic of the Kurdish movement and the HPG[2], the PJA[3] and the KONGRA-GEL, organisations which have acted as military, political and ideological leaders and which have represented his leadership,... [must be well understood]".
The public prosecutor stated that a photograph of Abdullah Öcalan in which he was standing in a rural area holding a weapon had been published in the newspaper, next to the article. The public prosecutor considered as a result that the applicant had disseminated propaganda in favour of a terrorist organisation inciting others to violence or other methods of terrorism. Subsequently, criminal proceedings were launched against the applicant before the Istanbul Assize Court. 8. During the proceedings the applicant maintained that the article in question had been a news article and had not contained propaganda inciting to violence. 9. On 24 May 2005 the Istanbul Assize Court convicted the applicant of disseminating propaganda in favour of the PKK/KONGRA-GEL under section 7(2) of Law no. 3713 and sentenced him to six months' imprisonment and a fine. In its judgment, the Istanbul Assize Court held that the content of the article and the publication of Abdullah Öcalan's photograph amounted to dissemination of propaganda in favour of the PKK/KONGRA-GEL. 10. The applicant appealed. In his appeal petition, referring to a number of the Court's judgments, the applicant claimed that he had not had the intention of disseminating propaganda in favour of a terrorist organisation and that his criminal conviction had been in breach of Articles 6 and 10 of the Convention as he had been exercising his right to impart information. He also noted that the first-instance court had failed to examine the article in its entirety. 11. On 16 May 2006 the principal public prosecutor at the Court of Cassation returned the case file to the first-instance court and requested that the latter revise its judgment in the light of the recent legislative amendments. 12. On 28 September 2006 the Istanbul Assize Court once again convicted the applicant under section 7(2) of Law no. 3713, with the same reasoning that it had adopted on 24 May 2005. The court sentenced the applicant to a fine of 1,802 Turkish liras (TRY). 13. The applicant appealed. 14. On 18 November 2009 the Court of Cassation upheld the judgment of 28 September 2006. 15. According to a document dated 15 January 2010, signed by the President of the Istanbul Assize Court and the Istanbul public prosecutor, the applicant was required to pay the fine of TRY 1,802. | Ruled as violated by court | null | null | true | 1 | There is a view, as the public prosecutor argued, that this article threatens the interests of democratic society by inciting violence. But most would agree that the publication of an article in a periodical is clearly a matter of personal opinion. | null |
18 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1951 and lives in Weinheim. He is a campaigner against abortion and operates an anti-abortion website. 6. On 12 and 13 April 2005 the applicant distributed leaflets in the vicinity of the medical practice of Dr St., who performed abortions there. The leaflets stated, inter alia, that the abortions performed by Dr St. in his practice, for which he gave the address, were unlawful according to the case-law of the Federal Constitutional Court. In addition the leaflet contained the following statements:
"According to international criminal law: Aggravated murder is the intentional ‘bringing-to-death' of an innocent human being!" (Sinngemӓβ aus den internationalen Strafgesetzen: Mord ist das vorsӓtzliche "Zu-Tode-Bringen" eines unschuldigen Menschen!)
"The murder of human beings in Auschwitz was unlawful, but the morally degraded NS State allowed the murder of innocent people and did not make it subject to criminal liability." (Die Ermordung der Menschen in Auschwitz war rechtswidrig, aber der moralisch verkommene NS-Staat hatte den Mord an den unschuldigen Menschen erlaubt und nicht unter Strafe gestellt.) 7. The applicant also addressed passers-by and the physician's presumed patients and attempted to engage with them in conversations about abortion. 8. Dr St. lodged an application for a civil injunction against the applicant and on 25 October 2005 the Mannheim Regional Court granted the requested injunction. The court ordered the applicant to desist from speaking to passers-by in the immediate vicinity of the medical practice and labelling the abortions performed by the plaintiff unlawful with the objective of irritating female patients and preventing them from visiting Dr St.'s practice. 9. On 24 February 2007 the Karlsruhe Court of Appeal upheld the decision and slightly modified the wording specifying the geographical area concerned by the injunction. It also refused to grant leave to appeal on points of law. 10. The Regional Court as well as the Court of Appeal both referred to a previous decision of the Federal Court of Justice in which it had confirmed a civil injunction against similar conduct by the applicant (see paragraph 13 below). The courts held that in the case at issue there were no factual or legal differences justifying deviating from the case-law of the Federal Court of Justice. In so far that the doctor in the present case was slightly more well-known than the doctor in the original case, the Court of Appeal held that this was of minor relevance. The fact that Dr St. had appeared as an expert before the German Parliament many years previously did not have any substantial effects on Dr St's public profile at that time. Moreover, the involvement of Dr St. in different legal disputes was irrelevant, as trying to enforce his rights in the appropriate legal procedure could not redound to Dr St.'s disadvantage. In sum, the applicant had vilified the non‑criminal professional activities of Dr St. by implying that he committed criminal acts and interfered with the relationship of trust between doctor and patient, which deserved special protection against the interventions of others. The applicant had therefore severely interfered with Dr St.'s personality rights. This interference was not justified by the applicant's freedom of expression in view of the massive "pillory effect" the applicant had created by singling out the plaintiff and criticising him in a harsh way in the immediate vicinity of his practice. 11. On 29 May 2007 the Federal Court of Justice refused a request by the applicant for legal aid on the grounds that the applicant's intended appeal on points of law lacked sufficient prospect of success. On 20 July 2009 the Federal Constitutional Court refused to admit the applicant's complaint for adjudication for being inadmissible, without providing reasons (no. 1 BvR 1670/07). | NOT ruled as violated by court | null | null | true | 2 | The applicant is clearly expressing their personal opinion. At the same time, there are meaningful interests for democratic society in not infringing upon the rights of others to receive abortions. | null |
19 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 6. The applicants were born in 1973 and 1976 respectively and live in Switzerland. At the relevant time, they were members of a research cooperative called the East Scientific Research Cooperative (Doğu Bilimsel Araştırmalar Kooperatifi – "the Cooperative"). 7. Between 30 May and 1 June 2005 the Cooperative organised an exhibition in Diyarbakır as part of the fifth Diyarbakır Culture and Art Festival, entitled "Witnesses of War Talk". Within the context of the exhibition, photographs of deceased members of the PKK (an illegal armed organisation), deceased members of the security forces who had been killed in security operations, persons who had lost their lives in prison, victims of enforced disappearances and victims of assassinations by unknown assailants in south-east Turkey were publicly displayed. The exhibition also included statements from family members of deceased and disappeared individuals, presenting their relatives and containing their personal views on the disturbances going on in south-east Turkey, and their wish for an enduring peace. 8. On an unspecified date a criminal investigation was launched against the applicants and five other people in relation to a charge of disseminating propaganda in favour of the PKK. On 31 May 2005 the applicants gave a statement to the investigating judge. Both of the applicants maintained that the exhibition in question had been organised for purely sociological reasons, and that they had conducted interviews with the families of the deceased which had also been included in the exhibition. They asserted that there had been no intention to disseminate propaganda in favour of the PKK. The investigating judge dismissed an application by the public prosecutor to remand the accused in custody. 9. On 6 October 2005 the public prosecutor filed an indictment with the Diyarbakır Assize Court, charging the applicants and five other suspects with disseminating propaganda in favour of the PKK under section 7(2) of Law no. 3713. 10. Throughout the proceedings before the Diyarbakır Assize Court the applicants repeated their previous statements and contended that photographs of deceased members of the security forces had also been displayed in the exhibition alongside those of members of the PKK. 11. On 18 May 2006 the Diyarbakır Assize Court convicted both applicants of disseminating propaganda in favour of an illegal organisation under section 7(2) of Law no. 3713. The applicants were sentenced to two years and a year and eight months' imprisonment, respectively. In its judgment, the court observed that the invitations to the exhibition had referred to the armed conflict between the security forces and the PKK as a "war", and the PKK members as "guerrillas", thus glorifying the deceased terrorists and inciting young people to become members of the PKK. The court also noted that a "war" was an armed conflict between two States and a "guerrilla" was an armed person who fought against unjust occupation. The court further observed that a couple of photographs of deceased soldiers had also been displayed in order to conceal the accused's intention to incite young people to join the PKK. 12. On 9 June 2009 the Court of Cassation quashed the judgment in respect of the second applicant, holding that the case should be reviewed in the light of Article 231 of the Code of Criminal Procedure (Law no. 5271), which regulates the suspension of a judgment's pronouncement. However, the trial court's judgment of 18 May 2006 became final in respect of the first applicant. On 3 August 2009 the decision of the Court of Cassation was filed with the registry of the first-instance court. 13. On 22 October 2009, in accordance with Article 231 of the Code of Criminal Procedure, the Diyarbakır Assize Court decided to suspend the pronouncement of its judgment in respect of the second applicant on the condition that he did not commit another intentional offence for a period of five years. 14. The first applicant served the sentence arising from the judgment of 18 May 2006. | Ruled as violated by court | null | null | true | 1 | While some, like the court, may argue that this rises to the level of threatening democratic interests through encouraging terrorism against national security, an exhibition is clearly framed as an expression of personal opinions. | null |
20 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1951 and lives in Weinheim. He is a campaigner against abortion and operates an anti-abortion website (babycaust.de). At the time of the proceedings outlined below, the website included, among other things, the following content. 6. On the starting page a picture of graves was shown and the text underneath read "then: Holocaust". Upon clicking on the picture, the user was directed to a page titled: "Abortion – the new Holocaust?" on which the Holocaust was compared to abortions. On the left margin of the starting page, there were several links, of which one was called "Life or death?". Upon clicking on it, the user was directed to a page with the headline "Prayer requests for Germany". From that page, the reader was directed to a location-based alphabetical list mentioning the names and practice addresses of doctors who performed abortions in Germany, and to a request for prayers for those doctors.
At the very bottom of the same page, under the highlighted text "German contemporary history in brief", a sentence read:
"Perverted doctors murder unborn children at the request of the mothers" (Pervertierte Ärzte ermorden im Auftrag der Mütter die ungeborenen Kinder)
On the same page, clicking on the button "close page" forwarded the user to a page where it was stated:
"Pray, if possible regularly, for the doctors ... who personally undertake the AGGRAVATED MURDER of abortion killing" (Beten Sie – wenn möglich regelmäßig – für die Mediziner ..., welche den MORD der Abtreibungstötung selbst vornehmen ...) (Emphasis in original).
Somewhat farther down on the same page, it was stated that counselling centres that issued certifications:
"... are enabling and facilitating the unpunished aggravated murder of children in their mother's womb." (... ermöglichen und begünstigen einen straffreien Kindermord im Mutterschoβ.) 7. One of the doctors listed on the applicant's website, Dr Q., sought a civil injunction ordering the applicant to remove his name and address from the website. 8. On 23 May 2006 the Mannheim Regional Court rejected Dr Q.'s application on the grounds that it was a fact that Dr Q. performed abortions and that the remainder of the website's content was covered by the applicant's freedom of expression. It observed, in particular, that the present case was not comparable to similar cases which had concerned an interference with personality rights by the distribution of personalised leaflets. The publishing of a doctor's name on a list of abortion performing doctors had no comparable "pillory effect". 9. Subsequently Dr Q. appealed and – during the appeal proceedings –
modified his application, seeking a civil injunction ordering the applicant to desist from labelling abortions, such as those performed by Dr Q., "aggravated murder". 10. On 28 February 2007 the Karlsruhe Court of Appeal granted the sought injunction. The court held that the applicant's website led it to be understood that abortions performed by Dr Q. constituted "aggravated murder". While the term "aggravated murder" did not have to be understood in a merely legal sense but could also be understood as a moral judgment, the overall presentation of the website at the very least did not exclude a reading that Dr Q. had perpetrated the criminal offence of aggravated murder. Even though the applicant had pointed out that abortions were exempt from punishment, he had not referred to section 218a of the Criminal Code (see paragraph 14 below), which exempted abortions as performed by Dr Q., from criminal liability. In addition, the applicant had emphasised the term "aggravated murder" in the relevant parts of the website and had compared abortions with the Holocaust. In sum, the statements of the website could be understood as a personalised accusation against Dr Q. of perpetrating aggravated murder. 11. On 29 May 2007 the Federal Court of Justice refused a request by the applicant for legal aid on the grounds that the applicant's intended appeal on points of law lacked sufficient prospect of success. 12. On 2 July 2009 the Federal Constitutional Court refused to admit a complaint by the applicant for adjudication for being inadmissible, without providing reasons (no. 1 BvR 1663/07). | NOT ruled as violated by court | null | 8. On 23 May 2006 the Mannheim Regional Court rejected Dr Q.'s application on the grounds that it was a fact that Dr Q. performed abortions and that the remainder of the website's content was covered by the applicant's freedom of expression. It observed, in particular, that the present case was not comparable to similar cases which had concerned an interference with personality rights by the distribution of personalised leaflets. The publishing of a doctor's name on a list of abortion performing doctors had no comparable "pillory effect". 12. On 2 July 2009 the Federal Constitutional Court refused to admit a complaint by the applicant for adjudication for being inadmissible, without providing reasons (no. 1 BvR 1663/07). | true | 2 | The applicant has a right to free expression as displayed on the website. However, it's arguable the applicant endangered the rights and reputation of the doctor through the reading of "aggravated murder." | null |
21 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 6. The applicant was born in 1957 and lives in Diyarbakır. 7. At the time of the events giving rise to the application, the applicant was the head of the district branch of the Democratic People's Party (Demokratik Halklar Partisi – DEHAP) in the Ergani district of Diyarbakır. 8. On 15 February 2005, on the anniversary of the arrest and transfer of Abdullah Öcalan, the leader of the PKK[1], to Turkey, the Ergani district branch of DEHAP organised a gathering in front of the district branch office in order to read out a press statement. The applicant read the statement in question. 9. On 31 May 2005 the Ergani public prosecutor filed a bill of indictment with the Ergani Criminal Court against twenty-six persons, including the applicant, charging them with breach of the Marches and Demonstrations Act (Law no. 2911) on account of their participation in the above-mentioned event. They were accused of participating in the gathering and carrying banners with slogans such as "The solution is in İmralı[2]" ("Çözüm İmralı'da"), "Solitary confinement is a crime against humanity" ("Tecrit insanlık suçudur"), "Not EU, not US, Öcalan has the solution" ("Ne AB ne ABD, Çözüm Öcalan'da") , "The youth is Öcalan's fedai"[3] ("Gençlik Apo'nun Fedaisidir"), and "Freedom to Öcalan" ("Öcalan'a özgürlük"), as well as posters of Abdullah Öcalan. They were also accused of chanting slogans such as "To the sun, to freedom" (Güneşe güneşe, özgürleşmeye"), "Long live the brotherhood of peoples" ("Yaşasın halkların kardeşliği"), "May those hands which aim to damage peace be broken" ("Barışa uzanan eller kırılsın"), "A tooth for a tooth, blood for blood, we are with you" ("Dişe diş kana kan, seninleyiz") and "AKP, be careful, do not abuse our patience" ("AKP şaşırma, sabrımızı taşırma"). 10. On 5 October 2006 the Ergani Criminal Court decided that it lacked jurisdiction to examine the case. It held that the impugned acts constituted the offence proscribed by section 7 (2) of Law no. 3713 and that the accused should therefore be tried by the Diyarbakır Assize Court. 11. On an unspecified date the Diyarbakır Assize Court remitted the case file to the Ergani Criminal Court. 12. On 19 March 2007 the Ergani Criminal Court once again decided that the Diyarbakır Assize Court had jurisdiction over the case. 13. On 10 August 2007 the Sixth Chamber of the Diyarbakır Assize Court began the trial in the case. 14. On 15 April 2010 the Diyarbakır public prosecutor submitted to the first-instance court his observations on the merits of the case. According to those submissions, the public prosecutor considered that the applicant should be convicted under section 7 (2) of Law no. 3713, as the press statement read out by him had referred to Abdullah Öcalan as the "honourable Kurdish people's leader". 15. On the same day the Diyarbakır Assize Court convicted the applicant of disseminating propaganda in favour of a terrorist organisation under section 7 (2) of Law no. 3713. The court based its judgment, among others, on a police report regarding the reading out of the press statement dated 15 February 2005 and a police report dated 23 February 2005 on the examination of a police video recording of the event of 15 February 2005. The court judgment read as follows:
"... it has been decided that Ahmet Kınık and R.A. committed the offence proscribed by section 7(2) of Law no. 3713, as they participated in the reading out of a press statement organised by the DEHAP in Ergani on 15 February 2005 on the anniversary of the arrest of Abdullah Öcalan, and chanted slogans such as ‘The solution is in İmralı', ‘Solitary confinement is a crime against humanity', ‘Not EU, not US, Öcalan has the solution', and ‘The youth is Öcalan's fedai'. They marched and chanted these slogans without obtaining prior permission." 16. The Sixth Chamber of the Diyarbakır Assize Court sentenced the applicant to ten months' imprisonment but decided to suspend the pronouncement of the judgment (hükmün açıklanmasının geri bırakılması) for a period of five years, under Article 231 of the Code of Criminal Procedure. 17. On 5 July 2010 the applicant objected to the decision of the Assize Court to suspend the pronouncement of the judgment. 18. On 22 November 2010 the Fourth Chamber of the Diyarbakır Assize Court dismissed the applicant's objection. | Ruled as violated by court | null | null | true | 1 | While some, like the court, may argue that this threatens democratic interests through encouraging terrorism against national security, the context of this being a protest and the applicant's membership with the protesting party makes it seem clear that this is the applicant's personal opinion. | null |
22 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1937 and lives in Orhei. 5. The facts of the case, as submitted by the parties, may be summarised as follows. 6. On 16 January 1997 the Orhei mayor's office attested the property right of a number of private individuals over plots of land in the town. Based on that decision, on 3 April 1997 the same office issued the applicant's brother (C.) title to 0.0569 hectares of land. 7. On 13 July 1998 C. died. After his death the applicant took possession of the land and used continuously for her own needs. 8. On 10 September 1999 the territorial cadastre office registered the plot of land as belonging to C. 9. On 31 January 2000 the Orhei mayor's office amended the annex to its decision of 16 January 1997. C. continued to be mentioned as the owner of the relevant plot of land. 10. On 15 July 2005 the Orhei mayor's office lodged a civil court action aimed at annulling the property right of C. and the applicant to the relevant land. It claimed that the title had been issued in error since C. had moved to an apartment provided by the town and was no longer eligible to obtain such land. Following this relocation, the cadastre office was supposed to remove C.'s title from the list, which it had failed to do. In the meantime, on an unspecified date the applicant initiated a court action aimed at extending the time-limit for accepting her brother's inheritance. The two court actions were joined by the court on 6 November 2006. 11. On 15 February 2017 the Orhei district court rejected the court action lodged by the mayor's office and accepted that of the applicant. It noted, inter alia, that the applicant had raised the issue of expiry of the three-year limitation period and added that under Article 78 of the old Civil Code (see paragraph 15 below), the court had to apply the rules concerning the limitation period regardless of the parties' arguments. It found that the mayor's office had missed the three-year limitation period. However, in the operative part the court omitted to refer to the expiry of the limitation period and found that the court action had been groundless. The court also accepted the applicant's action, extending the time-limit for accepting her brother's inheritance since she had taken possession of the relevant land immediately after his death. 12. On 4 October 2007 the Chișinău Court of Appeal overturned that judgment, accepting the appeal lodged by the mayor's office. It annulled C.'s title to the relevant land, finding that he had obtained it in error and that under the applicable law he could not be the owner of that land. Moreover, the court rejected the applicant's claim for extending the time-limit for accepting her brother's inheritance, finding that she had missed it without a valid reason. 13. On 12 March 2008 the Supreme Court of Justice upheld the judgment of the Chișinău Court of Appeal. 14. The applicant submitted documents showing that she had paid various taxes for the land in question over the years. 15. The relevant provisions of the Civil Code (1964, in force before 12 June 2003) reads as follows:
"Article 74. General limitation periods.
The general limitation period for defending, by a court action, against the breach of a person's rights (prescripția) is of three years ..."
"Article 78. Mandatory application of the limitation period.
The competent court ... shall apply the limitation period regardless of the parties' request."
"Article 581. Acceptance of inheritance.
In order to inherit, the heir must accept the inheritance. ...
It shall be considered that the heir has accepted the inheritance if he/she took actual possession or administration of inheritance assets ..." 16. The relevant provisions of the Civil Code (in force from 12 June 2003) read as follows:
"Article 7. Application of the civil law in time.
(1) The civil law has no retroactive effect. It does not modify and does not annul the conditions of creation of a legal situation which previously appeared, nor the conditions of ending of a legal situation which previously ended.
...
(6) The provisions of the new law concerning limitation periods ... shall apply to limitation periods which started before the date of entry into force of the new law, but did not end before that date. ... The start, the suspension and the interruption of the limitation period shall be determined under the old law for the period before the entry into force of the new law.
..." | NOT ruled as violated by court | null | null | false | 0 | There is no relevance between free expression and private property ownership. | null |
23 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicants were born in 1971 and 1976 and are detained in Lipcani. 6. In July 1999 the German police found the corpse of a Moldovan national in a river near Hamburg. The investigation led to a Moldovan national, A.B., who had shared a house with the victim. During questioning by the German police, A.B., who was a suspect, declared that the murder had been committed by the applicants who had beaten up the victim and strangled him. A.B. stated that he had only helped them to carry the victim's dead body and that he had not seen the body being thrown into the river. He knew, however, that a concrete pole had been attached to the victim's body before it immersion. The goal of the murder was allegedly to obtain the victim's five thousand German marks, which he had deposited with a German family. According to A.B., after the murder, the applicants manipulated the German family into believing that the victim had been arrested by police in another part of Germany and that he needed the money. After obtaining the money, one of the applicants wired it to his family in Moldova. 7. During the court proceedings in Moldova, the competent court resorted to international legal assistance by summoning at least seven witnesses who lived in Germany, including A.B. All witnesses were summoned once through the intermediary of the Moldovan Ministry of Justice and the German authorities. However, none of them appeared before the Moldovan court and no reasons for failure to appear were given. The attempts to summon the witness were not repeated. 8. On 29 December 2008 the Botanica District Court acquitted the applicants of murder charges that had been brought against them. The court found that the only piece of evidence presented by the prosecutor in support of the accusation against the applicants was the statements made by A.B. to the German police. Since A.B. himself had been accused by the German police of the victim's murder at the time of his questioning, he had a personal interest in accusing other persons. Moreover, his statements were not totally coherent and consistent. In particular, he had stated to the German police that he had not been present when the victim's body had been thrown into the river. However, somehow he knew that a concrete pole had been attached to the corpse. Lastly, the Moldovan authorities had been unable to bring A.B. to Moldova, and the applicants had not been present during the interview with the German police and had therefore been unable to put questions to A.B. For all the above reasons the evidence was excluded from the file. However, the applicants were found guilty of fraud as a result of the fact that they had manipulated the German family with whom the victim's money had been deposited, and had appropriated the money. 9. On 25 February 2010 the Chişinău Court of Appeal allowed an appeal by the prosecutor and reversed the judgment of the lower court in so far as it concerned the murder charges. The court admitted A.B.'s statements given before the German police in evidence and found the applicants guilty of murder. The court found A.B.'s statements to be reliable because they had been made before an investigating judge. The applicants were sentenced to ten years' imprisonment. At the same time, the applicants were cleared of the charge of fraud on account of the Statute of Limitations. 10. The applicants lodged an appeal on points of law before the Supreme Court of Justice in which they argued, inter alia, that the statements made by A.B. before the German authorities and read out during the hearing before the Court of Appeal could not be admitted in evidence unless they had had the opportunity to confront A.B. in a court hearing and address questions to him. Moreover, the applicants submitted that A.B. had a personal interest in accusing them because he was a suspect himself. 11. On 18 January 2011 the Supreme Court of Justice dismissed the applicants' appeal and upheld the judgment of the Court of Appeal. The Supreme Court held that the fact that the applicants had not been present during A.B.'s questioning by the German authorities had been as a result of their own actions, because they had left Germany by that time. Two of the sitting judges (S.M. and V.T.) wrote a dissenting opinion in which they expressed the view that the applicants' rights as guaranteed by Article 6 § 1 of the Convention had been breached by the fact that they had been unable to examine the only prosecution witness, A.B., on whose evidence their convictions had been based. | NOT ruled as violated by court | null | null | false | 0 | There is little relevance between free expression and this criminal trial. The statements given by a witness are meaningfully subject to restrictions, given their democratic interest in maintaining the authority of the judiciary. | null |
24 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The first applicant was born in 1975 and lives in Moscow. The second applicant was born in 1960 and lives in Irkutsk. 5. On 20 February 2009, the first applicant, a lawyer at the time, was elected to be a member of the council of the Irkutsk Regional Bar ("the Bar"). 6. On 24 October 2010 the members of the council conducted elections for the presidency of the Bar. Five members of the Council voted for S. and the other five voted for the second applicant. 7. On 25 November 2010 the second applicant issued an order appointing herself acting President of the Bar. 8. On an unspecified date a group of lawyers applied to the Commercial Court of the Irkutsk Region challenging the second applicant's appointment. The court granted their request to enjoin the second applicant from fulfilling the functions of acting president pending the outcome of the proceedings. 9. On 19 January 2012 the Commercial Court discontinued the proceedings. The final decision on the matter was taken by the Supreme Commercial Court on 26 September 2012. 10. On 11 February, 2 March and 5 April 2011 several members of the Bar, including the applicants, lodged complaints with the President of the Commercial Court of the Irkutsk Region, to the Supreme Commercial Court of the Russian Federation and to the Supreme Judicial Qualifications Board, alleging that Judge R. had acted in contravention of the applicable laws on jurisdiction when she had accepted the claims concerning the second applicant's appointment to the office of President of the Bar for consideration. They further claimed that (1) S. had announced in public that his opponents in the council of the Bar would be disbarred and that he would organise a "red terror" in response to the "orange revolution"; (2) S.'s ultimate goal had been to get rid of his opponents in the Council of the Bar through rotation and disbarment; (3) S. had had an extra‑professional relationship with the Deputy President of the Regional Commercial Court, who had been instrumental in ensuring a favourable outcome in the proceedings against the second applicant's appointment; (4) through his personal connections with the Deputy President of the Regional Commercial Court, S. had obtained an injunction against the second applicant and ensured that a group of bailiffs had been present at the Bar's conference in order to put pressure on the participants and his opponents. 11. On an unspecified date in July 2011 the lawyers posted their complaints on the website of the President of the Russian Federation. They sent a copy of their complaint to the President of the Supreme Commercial Court and to the Public Anticorruption Committee. 12. On 18 July 2011 the First Deputy of the President of the Regional Commercial Court informed the plaintiffs that their allegations were proven false by the conducted investigation. 13. On 27 July 2011 the President of the Regional Commercial Court forwarded a copy of the lawyers' complaint to the Bar and the First Vice‑President of the Bar instituted disciplinary proceedings against the applicants. 14. On 31 October 2011 the council of the Bar disbarred the first applicant. The council considered that (1) the letters sent by the group of the lawyers to the Judicial Qualifications Board and the President of the Commercial Court had not been a correct or permissible conduct in response to the actions of the judges of the Commercial Court; (2) the complaints had contained untrue allegations damaging to the reputation and goodwill of Judges B. and R., and S., a lawyer; (3) the first applicant had been disrespectful towards them. The Council concluded that (1) the first applicant had violated the relevant legislation and the Code of Professional Conduct for Lawyers (Кодекс профессиональной этики адвоката); (2) the dissemination of information damaging the reputation and goodwill of judges and lawyers was incompatible with membership of the Bar; (3) the first applicant's conduct had disparaged the Bar and its members. 15. On 8 December 2011 the Kirovskiy District Court of Irkutsk dismissed a complaint lodged by the first applicant against the decision of 31 October 2011. 16. On 11 March 2012 the Irkutsk Regional Court upheld the judgment of 8 December 2011 on appeal. 17. On 16 December 2011 the council of the Bar disbarred the second applicant. The reasons underlying the council's decision were identical to the one used in the first applicant's case. 18. On 27 December 2011 the Kirovskiy District Court of Irkutsk dismissed a complaint lodged by the second applicant against the decision of 16 December 2011. 19. On 19 April 2012 the Irkutsk Regional Court upheld the judgment of 27 December 2011 on appeal. | Ruled as violated by court | null | null | true | 2 | The lawyers who filed the complaint are allowed their personal opinions on the election, but it could also be argued that they interfered with democratic interests through damaging the reputations of others. | edited by me to remove ambiguity in fact pattern |
25 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The first applicant (Mr Grigoryev) was born in 1984 and lives in Svetlogorsk. The second applicant (Ms Igamberdiyeva) was born in 1989 and lives in Kaliningrad. 6. On an unknown date the second applicant notified the Kaliningrad authorities of her intention to hold a group public event on 12 December 2010 in Pobeda Square. The authorities replied that preparations for the New Year celebrations were planned on that day; they did not suggest an alternative venue. The second applicant did not challenge the authority's reply before the domestic courts. Both applicants decided to stage solo demonstrations near the monument to "Mother Russia" instead; this did not require prior notification. 7. According to the applicants, on 12 December 2010 the first applicant staged a solo demonstration holding a banner saying "Freedom for Khodorkovskiy and Lebedev! We plead for a lawful judgment". After he had completed his demonstration and placed himself at a distance of some twenty metres, the second applicant held her own solo demonstration. She was wearing a T-shirt saying "Freedom for Khodorkovskiy and Lebedev!" She completed her demonstration in five minutes. Then the first applicant returned to the venue with his banner and remained there for about two minutes, until police officers took him to a police van. He was then taken to a police station and held there for over three hours. 8. According to the Government, at 4 p.m. on 12 December 2010 the applicants participated in a group public event in the form of a "picket" (пикетирование) using visual props, namely a banner and a T-shirt. At 4 p.m. the first applicant was taken to the Leninskiy district police station. Between 5.15 p.m. and 6.30 p.m. a duty officer drew up an administrative offence record in respect of the first applicant. He was accused of taking part in a group public event held without authorisation, an offence under Article 20.2 § 1 of the Code of Administrative Offences (hereinafter "the CAO"). On 14 December 2012 the second applicant was called to the Leninskiy district police station, where she was accused of a similar offence, although it was classified under Article 20.2 § 2 of the CAO. 9. The cases against the applicants were submitted to a justice of the peace of court circuit no. 2 of the Leninskiy District of Kaliningrad. The court ordered the police to submit a video recording showing the events of 12 December 2010. By two judgments of 3 March 2011 the justice of the peace found that the applicants had held solo demonstrations and had not breached the Public Events Act (hereinafter "the PEA"), including its prior notification requirement applicable to group events. The court relied, inter alia, on the video recording submitted by the police. The administrative cases against the applicants were discontinued for lack of the elements of the offences under Article 20.2 §§ 1 and 2 of the CAO. 10. The police lodged an appeal. On 16 May 2011 the Leninskiy District Court of Kaliningrad upheld the judgments. The appellate court also considered that it had not been confirmed that the applicants had in fact taken part in a group "picket". 11. The applicants sought compensation of 100,000 roubles (RUB)[1] each for unlawful deprivation of liberty and violation of their right to freedom of expression by way of solo demonstration. By a judgment of 15 July 2011 the Tsentralniy District Court of Kaliningrad found that taking the first applicant to the police station had been unlawful, and awarded him RUB 10,000 (equivalent to 250 euros (EUR) at the time) in respect of non-pecuniary damage. On 25 July 2011 the same court also granted the claims by the second applicant, having found that preventing her from staging a solo demonstration and consequently prosecuting her had been unlawful. The court also awarded the second applicant RUB 10,000 for non-pecuniary damage. 12. The first applicant appealed against the judgment of 15 July 2011, complaining, inter alia, about the amount of the compensation and the first‑instance court's failure to make specific findings in relation to the violation of his freedom of expression on account of the police intervention in his solo demonstration. On 7 September 2011 the Kaliningrad Regional Court upheld the judgment. Relying on Article 27.1 § 2 of the CAO and Article 1070 § 2 of the Civil Code, it ruled that it followed from the discontinuation of the CAO case that placing the first applicant under administrative escort and arrest had been unlawful under Russian law as well as "unjustified" (необоснованные). The appellate court also considered that the interference with freedom of expression had been acknowledged by the declaration that taking the first applicant to the police station had been unlawful. 13. The second applicant also appealed. On 21 September 2011 the Kaliningrad Regional Court upheld the judgment of 25 July 2011. | Ruled as violated by court | null | null | true | 1 | While one could argue that the applicants interfered with the rights of others to enjoy the celebration, their following of protocols makes this a straightforward case of free expression. | null |
26 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 6. The applicant was born in 1979 and lives in Istanbul. He was the owner and the editor-in-chief of a publishing house, namely Aram Basım ve Yayıncılık, at the time of the events giving rise to the present application. 7. In June 2001 and March 2003 the applicant's company published two books entitled Dağlarda Yaşamın Dili ("The Language of Life in the Mountains") and Tufanda 33 Gün ("33 Days in the Deluge"), respectively. 8. On 29 August 2001 the public prosecutor attached to the Istanbul State Security Court filed an indictment with the Istanbul State Security Court charging the applicant with aiding and abetting the PKK, an illegal armed organisation, under Article 169 of the former Criminal Code, on account of the publication of the book entitled The Language of Life in the Mountains. 9. On 24 July 2002 the Istanbul State Security Court convicted the applicant as charged. 10. On 1 May 2003 the Court of Cassation, on appeal, upheld the judgment of 24 July 2002. 11. On 23 September 2003 the public prosecutor attached to the Istanbul State Security Court requested that the court revise its judgment of 24 July 2002 since Article 169 of the former Criminal Code had been amended on 7 August 2003. The Istanbul State Security Court accepted that request. 12. By Law no. 5190 of 16 June 2004, state security courts were abolished. The case against the applicant concerning the book entitled The Language of Life in the Mountains was transferred to the Istanbul Assize Court. 13. On 16 August 2003 the public prosecutor attached to the Istanbul State Security Court filed an indictment with the Istanbul State Security Court charging the applicant with aiding and abetting the PKK under Article 169 of the former Criminal Code on account of the publication of the book entitled 33 Days in the Deluge. According to the indictment, on pages 129, 130 and 135 the struggle of the PKK and its leader, Abdullah Öcalan, was praised and the applicant had therefore aided the PKK through the medium of the press. 14. On 30 April 2007 the Istanbul Assize Court decided to join the proceedings concerning The Language of Life in the Mountains and 33 Days in the Deluge. 15. On 7 December 2007 the Istanbul Assize Court convicted the applicant under section 7(2) of the Prevention of Terrorism Act (Law no. 3713) for disseminating propaganda in favour of the PKK twice, because he had published two books, and sentenced him to a total of twenty months' imprisonment. With regard to the publication of 33 Days in the Deluge, the assize court considered that on pages 129, 130 and 135 the PKK and its leader, Abdullah Öcalan, were praised and the offence of dissemination of propaganda in favour of a terrorist organisation had therefore been committed. The assize court furthermore found that the book allowed for the transmission of the opinions of the PKK to the public and was aimed at bringing more sympathisers into that organisation. 16. On 25 June 2009 the Court of Cassation quashed the judgment of 7 December 2007, holding that the first-instance court should not have joined the two cases, since the case concerning The Language of Life in the Mountains was a re-qualification of the applicant's previous final conviction (uyarlama yargılaması). 17. On 7 December 2009 the Istanbul Assize Court convicted the applicant once again under section 7(2) of Law no. 3713 on account of the publication of The Language of Life in the Mountains and sentenced him to a fine. 18. On 3 June 2013 the Court of Cassation quashed the first-instance judgment. 19. On 13 November 2013 the Istanbul Assize Court decided to suspend the execution of the sentence pronounced in its judgment of 7 December 2009. 20. In the meantime, the Istanbul Assize Court resumed the trial concerning the publication of 33 Days in the Deluge following the Court of Cassation's decision of 25 June 2009. 21. On 21 October 2009 the Istanbul Assize Court convicted the applicant under section 7(2) of Law no. 3713 for disseminating propaganda in favour of the PKK on account of the publication of 33 Days in the Deluge and sentenced him to ten months' imprisonment. In its judgment, the assize court reiterated that on pages 129, 130 and 135 the PKK and its leader, Abdullah Öcalan, were praised and the offence of dissemination of propaganda in favour of a terrorist organisation had therefore been committed. The court held that the turns of phrase used on those pages were not protected by Article 10 of the Convention and constituted an abuse of the right to freedom of expression. The assize court further found that the book permitted the opinions of the PKK to be transmitted to the public and was aimed at bringing more sympathisers into that organisation and thus at destroying the unitary nature of the State of the Republic of Turkey. 22. The applicant appealed. 23. On 15 February 2012 the Court of Cassation decided to discontinue the proceedings concerning the publication of 33 Days in the Deluge, holding that the prosecution was time-barred. | Ruled as violated by court | null | null | true | 1 | While one, like the public prosecutor, could argue that the applicants encouraged terrorism against democratic interests in national security, the publication of a book is clearly a matter of personal opinion. | null |
27 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 6. The applicants were born in 1983, 1973, 1983, 1986, 1984 and 1984. Mr Yaşar Çalışkan lives in Ankara. The other applicants live in Samsun. According to the applicants' submissions, which were not contested by the Government, at the time of the lodging of the application, they were serving the prison sentences arising out of their criminal convictions which gave rise to the present application. 7. On 17 and 18 June 2005 seventeen members of the Maoist Communist Party (hereinafter "the MKP"), an illegal organisation, were killed in a rural area within the administrative jurisdiction of the town of Ovacık, near the city of Tunceli, by members of the security forces. 8. On 21 June 2005 a gathering was held in protest at the alleged unlawful killings of 17 and 18 June 2005 in Samsun. University students from the Samsun Ondokuz Mayıs Üniversitesi, including the applicants, gathered in front of the building of the Black Sea Fundamental Rights and Freedoms Association (Karadeniz Temel Haklar ve Özgürlükler Derneği) where a press statement was read out. 9. On 8 July 2005 one of the applicants, Mr Ahmet Doğan, attended another reading out of a press statement in Samsun. The press statement concerned the killings of 17 and 18 June 2005, the arrest of a number of persons subsequent to the reading out of the press statement on 21 June 2005 and the alleged unlawful killing of a detainee by the police. 10. On 21 February 2007 the Ankara public prosecutor initiated criminal proceedings against twenty-three people, including the applicants, charging them with disseminating propaganda in favour of the MKP, under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). According to the indictment, during the gathering of 21 June 2005, slogans such as "Long live revolutionary solidarity" ("Yaşasın devrimci dayanışma"), "We have paid a price. We will make them pay a price." ("Bedel ödedik, bedel ödeteceğiz."), "Murderer State" ("Katil devlet"), "Revolutionary martyrs are immortal" ("Devrim şehitleri ölümsüzdür."), "Martyrs are immortal" ("Şehit namırın"), were chanted and the applicants participated in the gathering. The public prosecutor further noted that Mr Ahmet Doğan had participated in the gathering of 8 June 2005, during which the following slogans had been chanted: "No emancipation alone, either all of us or none of us." ("Kurtuluş yok tek başına, ya hep beraber ya hiçbirimiz.)", "Arrests, provocations and coercion cannot discourage us." ("Tutuklamalar, provakasyonlar, baskılar bizi yıldıramaz."), "We will resist and succeed" ("Direne direne kazanacağız."), "We have paid a price; we will make them pay a price." "Bedel ödedik, bedel ödeteceğiz"). 11. On 31 March 2009 the Ankara Assize Court found the applicants guilty as charged and sentenced each of them to ten months' imprisonment pursuant to section 7(2) of Law no. 3713, except for Mr Ahmet Doğan, who was sentenced to twenty months' imprisonment. As regards the gathering of 21 June 2005, the assize court found it established that the slogan "Martyrs are immortal" had been chanted by Mr Kürşad Arslan, Ms Dilek Kömpe, Mr Olcay Bayraktar and Mr Ahmet Doğan and that the slogans "The murderer state will pay the price", "Revolutionary martyrs are immortal" and "Long live revolutionary solidarity" had been chanted by Mr Yaşar Çalışkan, Mr Kürşad Arslan and Ms Dilek Kömpe. The court also found it established that all the applicants except for Mr Olcay Bayraktar had chanted the slogan "We have paid a price; we will make them pay a price" and that Mr Ahmet Doğan had carried a banner bearing the slogan "Ovacık Martyrs are immortal". As regards the gathering of 8 July 2005, the court noted that Mr Ahmet Doğan had chanted the slogans "Arrests, provocations and coercion cannot discourage us.", "We will resist and succeed" and "We have paid a price; we will make them pay a price." during that public gathering. 12. In its judgment, the Ankara Assize Court referred to Article 10 of the Convention as well as to the Court's judgment in the case of Sürek v. Turkey (no. 1) ([GC], no. 26682/95, ECHR 1999‑IV) and the report of the European Commission of Human Rights in the case of Karataş v. Turkey (no. 23168/94, Commission's report of 11 December 1997). The court held that by chanting the above-mentioned slogans the applicants had not exercised their democratic rights but had glorified terror by adopting the style of discourse of terror organisations and that they had not distanced themselves from violence. In the court's view, by chanting those slogans the applicants had not intended to find a solution to a problem but had praised and glorified the source of the problem, that is to say, the terrorist organisations concerned. Hence, the applicants had incited terror. The Ankara Assize Court concluded that chanting the slogans in question could not be considered as falling within the scope of the right to freedom of expression. 13. On 8 July 2010 the Court of Cassation upheld the judgment of 31 March 2009 in so far as it concerned the applicants' conviction. 14. On unspecified dates the applicants served their prison sentences. | Ruled as violated by court | null | null | true | 1 | While one, like the court, could argue that the applicants encouraged terrorism against democratic interests in national security, the context of protest and party membership makes it clear that this is personal opinion. | null |
28 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1970 and lives in Chișinău. 6. The applicant has been involved in numerous protests against alleged acts of corruption and abuse committed by police officers, prosecutors and judges. He was himself the victim of police abuse, ill-treatment and prosecutorial inaction (see Mătăsaru and Saviţchi v. Moldova, no. 38281/08, 2 November 2010). Each year during the professional holiday of the prosecutors or the police he stages protests involving live animals, toilets, caricatures and masks. 7. On 29 January 2013, the professional holiday of prosecutors in Moldova, the applicant conducted a one person demonstration in front of the Prosecutor General's Office. According to him, the aim of the protest was to draw public attention to the corruption and the control exercised by politicians over the Prosecutor General's Office. At 10 a.m. he started his protest by installing two large wooden sculptures on the stairs of the Prosecutor General's Office. The first sculpture represented an erect penis with a picture of the face of a high-ranking politician attached to its head. The sculpture had a white collar and a tie and measured two metres. The second sculpture represented a large vulva with pictures of several high‑ranking prosecutors between the labia. The applicant also inflated balloons in the form of male genitals and attached them to the nearby trees. 8. The demonstration was observed from the beginning by several police officers and numerous journalists approached to interview the applicant. At 11 a.m. a police van approached, the sculptures were removed by police officers and the applicant was taken to a police station. 9. Later the applicant was charged with the criminal offence of hooliganism. The criminal investigation was conducted by a department of the Prosecutor General's Office whose head's picture had been attached to the sculpture of the vulva. 10. On 2 March 2015 the Râșcani District Court found the applicant guilty as charged and sentenced him to two years' imprisonment. The sentence was suspended for a period of three years. In deciding on the sanction to be applied, the court took into consideration the fact that the applicant had previously been sanctioned with fines for similar deeds and that those sanctions had proved to be inefficient. The court considered that the applicant's deeds had been immoral because he had exposed obscene sculptures in a public place where they could be seen by anyone, including by children. The court based its findings on the statements of several prosecution witnesses who had stated that they had disliked the sculptures exposed by the applicant and had considered them to be indecent and obscene. The court also stated that assimilating public officials with genitals went beyond the acceptable limits of criticism in a democratic society and was therefore not an act protected under Article 10 of the Convention. Moreover, the accusations meant to be made by the applicant by means of his protest against the officials concerned lacked a factual basis and had been contrary to the principle of presumption of innocence. 11. The applicant appealed against the above decision arguing, inter alia, that it ran contrary to his rights guaranteed by Articles 10 and 11 of the Convention. 12. On 2 November 2015 the Chișinău Court of Appeal dismissed the applicant's appeal. 13. The applicant lodged an appeal on points of law with the Supreme Court of Justice in which he reiterated his position that his conviction had been contrary to the provisions of the Convention and stated that the sculptures had represented a form of artistic expression which was to be protected under Article 10 of the Convention. He reiterated that his protest had been against the corruption within the Prosecutor General's Office and among high-ranking politicians, a phenomenon which was universally known and did not need to be proved. He also argued that the sculptures exposed by him could not be considered obscene. In any event, at the time of his protest, children were normally at schools and kindergartens. The fact that some of the prosecution witnesses disliked what they saw was not sufficient to hold him responsible for a criminal offence. The applicant admitted that the form of the protest chosen by him had been striking, however he considered this manner of protesting as the only way possible to make himself heard in a society which was oversaturated with subjects of discussion. The applicant finally submitted that the sanction applied to him had been disproportionately harsh and that it had had a chilling effect on him. He pointed to the fact that the first-instance court had admitted to having pursued the goal of discouraging his future involvement in protests. By the application of a suspended sentence, he had in fact been forced to abstain from organising further protests for a period of three years or risk being imprisoned. 14. On 20 April 2016 the Supreme Court of Justice dismissed the applicant's appeal on points of law and upheld the judgments of the lower courts. The decision was notified to the applicant on 19 May 2016. | Ruled as violated by court | null | 10. On 2 March 2015 the Râșcani District Court found the applicant guilty as charged and sentenced him to two years' imprisonment. The sentence was suspended for a period of three years. In deciding on the sanction to be applied, the court took into consideration the fact that the applicant had previously been sanctioned with fines for similar deeds and that those sanctions had proved to be inefficient. The court considered that the applicant's deeds had been immoral because he had exposed obscene sculptures in a public place where they could be seen by anyone, including by children. The court based its findings on the statements of several prosecution witnesses who had stated that they had disliked the sculptures exposed by the applicant and had considered them to be indecent and obscene. The court also stated that assimilating public officials with genitals went beyond the acceptable limits of criticism in a democratic society and was therefore not an act protected under Article 10 of the Convention. Moreover, the accusations meant to be made by the applicant by means of his protest against the officials concerned lacked a factual basis and had been contrary to the principle of presumption of innocence. | true | 2 | The applicant has a right to free expression as displayed in the protest. One could also argue that the protest threatens democratic interests through infringing on the reputations of others and protected morals. | null |
29 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1954 and lives in Slavonski Brod. 6. The applicant is a local political figure in Slavonski Brod. She was the head of administration for all kindergartens in Slavonski Brod, and during several local elections ran for mayor of that town. While the applicant held the position of head of administration for all kindergartens in Slavonski Brod, Z.B. sought and obtained employment in one of the kindergartens in Slavonski Brod as a teacher. One of the conditions for obtaining such employment was holding Croatian citizenship, and Z.B. presented a certificate confirming such citizenship. At a certain point in time Z.B., as an employee of a kindergarten in Slavonski Brod, was a subordinate of the applicant. In February 2008 Z.B. was appointed head of administration for all kindergartens in Slavonski Brod. 7. On 23 October 2008 the applicant held a press conference entitled "All victims of the human resources policy of the mayor of Slavonski Brod, M.D.", where she alleged that the mayor of Slavonski Brod was involved in various irregularities in the employment of civil servants in local public institutions. The applicant thereby also alleged that the mayor had appointed Z.B. as the manager of a kindergarten run by the municipality even though she had used invalid documents and held only citizenship of the former Yugoslavia, and that together the mayor and Z.B. had denied a Croatian war veteran's daughter employment (see paragraph 11 below). 8. On 24 November 2008 Z.B. instituted a private prosecution against the applicant in the Slavonski Brod Municipal Court (Općinski sud u Slavonskom Bordu) on charges of defamation related to the above-mentioned statement. 9. During the proceedings the applicant contended that she had wanted to show all irregularities concerning the mayor's employment of local civil servants, and that she had learnt that Z.B. had requested Croatian citizenship only after she had been employed as manager of the kindergarten. The applicant also submitted that a councillor in the local assembly had provided her with certain documents concerning Z.B., including an annulled citizenship certificate. 10. On 21 May 2010 the Slavonski Brod Municipal Court acquitted the applicant on the grounds that the material obtained during the proceedings showed that Z.B. had been registered in 1985 in the register of births of Bosnia and Herzegovina, which at the time had been one of the former Yugoslav republics. She had been registered as a Croatian citizen on 13 October 2008, whereas she had lodged her application for employment at the kindergarten on 12 February 2008. In the circumstances, the Slavonski Brod Municipal Court considered that the applicant demonstrated the veracity of her statements. 11. On 23 May 2011, upon an appeal by Z.B., the Slavonski Brod County Court (Županijski sud u Slavonskom Brodu) quashed the first-instance judgment and ordered a retrial, on the grounds that not all of the relevant facts had been properly established. 12. After a retrial, on 26 January 2012 the Slavonski Brod Municipal Court found the applicant guilty of defamation for having said "[the mayor] appointed people who are using invalid documents to crucial positions, for example Z.B., who unfortunately still has citizenship of the former Yugoslavia" and "[the mayor], together with his manager [Z.B.], fired a girl on the pretence that, as the child of a [Croatian] war veteran, she had no right to preferential treatment with regard to employment". The applicant was given a suspended sentence of sixty days' imprisonment with a probation period of one year. The Slavonski Brod Municipal Court held that it was a well-known fact that Yugoslavia no longer existed, and that therefore Z.B. could not have Yugoslav citizenship. Moreover, Z.B. had acquired Croatian citizenship in 1992, but her citizenship certificate had later been annulled in 2008 due to some administrative irregularities, and later she had been issued with a new certificate. The Slavonski Brod Municipal Court therefore held that the applicant had uttered untrue information concerning Z.B. in public, amounting to defamation. The applicant was also ordered to pay the costs of the proceedings in the amount of 8,250 Croatian kunas (HRK). 13. The applicant appealed, and on 30 May 2012 the Slavonski Brod County Court dismissed her appeal, upholding the first-instance judgment. 14. The applicant then lodged a constitutional complaint with the Constitutional Court (Ustavni sud Republike Hrvatske), complaining, inter alia, that her freedom of expression had been violated by the judgments of the lower courts. 15. On 26 September 2012 the Constitutional Court declared the applicant's constitutional complaint inadmissible as manifestly ill-founded. 16. The decision of the Constitutional Court was served on the applicant's representative on 11 October 2012. 17. On 4 October 2007 the Parliamentary Assembly of the Council of Europe adopted Resolution 1577 (2007), "Towards decriminalisation of defamation", in which it urged those member States which still allowed prison sentences for defamation, even if those sentences were not actually imposed, to abolish them without delay. | Ruled as violated by court | null | 6. The applicant is a local political figure in Slavonski Brod. She was the head of administration for all kindergartens in Slavonski Brod, and during several local elections ran for mayor of that town. While the applicant held the position of head of administration for all kindergartens in Slavonski Brod, Z.B. sought and obtained employment in one of the kindergartens in Slavonski Brod as a teacher. One of the conditions for obtaining such employment was holding Croatian citizenship, and Z.B. presented a certificate confirming such citizenship. At a certain point in time Z.B., as an employee of a kindergarten in Slavonski Brod, was a subordinate of the applicant. In February 2008 Z.B. was appointed head of administration for all kindergartens in Slavonski Brod. 17. On 4 October 2007 the Parliamentary Assembly of the Council of Europe adopted Resolution 1577 (2007), "Towards decriminalisation of defamation", in which it urged those member States which still allowed prison sentences for defamation, even if those sentences were not actually imposed, to abolish them without delay. | true | 1 | While the applicant has a right to free expression about the mayor, it seems clear that they infringed upon the reputation of another. | null |
30 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 4. The applicant was born in 1977 and lived in Naberezhniye Chelny, Tatarstan Republic, before his conviction of an unrelated criminal offence. 5. On 7 April 2008 the applicant notified the executive committee of Naberezhniye Chelny of his intention to hold a public event in the form of a hunger strike in front of the local prosecutor's office beginning from 21 April 2008. On the same day the applicant was informed that his notice did not comply with the requirements of the law. 6. On 16 April 2008 the applicant lodged an addendum to his notice in which he indicated the place, the timing and the goal of the planned event as well as the information about its organiser. He also asked to ensure the protection of a tent (to be positioned near the prosecutor's office) from 9 p.m. to 9 a.m. daily and the twenty-four-hour presence of an ambulance at the venue of the event. 7. On 17 April 2008 the head of the public relations department of the local executive committee informed the applicant that his planned public event amounted to a "picket" within the meaning of the Public Events Act (hereinafter "PEA"). In breach of the PEA the notice about the event did not contain information about the number of participants or arrangements to be made for preventing disorder and providing medical aid during the event. The applicant was required to align his notice with the PEA in that connection but, according to the Government, he failed to do so. 8. According to the applicant, on 22 April 2008 he started to hold a solo demonstration at noon and continued it until 4 p.m., when he was arrested by the police. 9. According to the Government, on 22 April 2008 at 3.15 p.m. the applicant set up on the lawn in front of the prosecutor's office a tent and a poster reading "Hunger strike. Call for signatures". He gathered passers-by and voiced his claims to them. At 3.40 p.m. a police officer drew up a record of an administrative offence allegedly committed by the applicant. He was accused of the breach of the procedure for the organisation of public events, an offence under Article 20.2 § 1 of the Code of Administrative Offences (hereinafter "CAO"). The case file was then submitted to a justice of the peace, who adjourned the hearing so that the applicant could retain a counsel. It is unclear whether the applicant was arrested by the police or otherwise deprived of his liberty at any moment prior to appearing before the justice of the peace. 10. At 8 p.m. on the same day the applicant returned to the site near the prosecutor's office and resumed his demonstration. The police ordered him to terminate this allegedly unlawful public event, but he refused. They compiled an administrative offence record, stating that the applicant had committed an offence under Article 19.3 § 1 of the CAO; they also compiled an administrative arrest record (протокол административного задержания). The applicant was then taken to the central police station of Naberezhniye Chelny where he was detained until 24 April 2008 in the afternoon. 11. On 24 April 2008 the justice of the peace of the 8th Court Circuit of Naberezhniye Chelny found the applicant guilty under Article 20.2 § 1 of the CAO and imposed a fine of 1,000 Russian roubles ((RUB), equivalent to 27 euros (EUR) at the time). The court noted that the applicant had intended to hold a non-stop hunger-strike making use of posters for an indefinite period of time; on 22 April 2008 he had held an unlawful picket by way of setting up a tent and a poster reading "Hunger strike. Call for signatures" as well as by gathering passers-by and "campaigning" among them. In breach of the PEA he had failed to specify his arrangements for preventing disorder or providing medical aid during the event. Moreover, the applicant had intended to hold a twenty-four-hour picket in breach of the PEA's ban on public events between 11 p.m. and 7 a.m. The court concluded that the applicant breached the procedure for the organisation of his public event. 12. The applicant appealed to the Naberezhniye Chelny Town Court. By a decision of 7 May 2008 the Town Court upheld the judgment of the justice of the peace. 13. In separate proceedings, on 7 May 2008 the justice of the peace of the 1st Court Circuit of Naberezhniye Chelny found the applicant guilty under Article 19.3 § 1 of the CAO. The justice of the peace found it established, on the basis of testimony of two eyewitnesses and police officers, that at 8 p.m. on 22 April 2008 the applicant being aware of the administrative offence proceedings pending against him under Article 20.2 of the CAO, had nevertheless disobeyed the lawful police order to stop the picket being held in breach of the PEA. The court sentenced him to seven days of administrative detention. The applicant's detention from 9 p.m. on 22 April to 3.35 p.m. on 24 April 2008 counted towards his sentence of administrative detention. 14. The applicant appealed against the judgment to the Naberezhniye Chelny Town Court. On 8 May 2008 the Town Court upheld the judgment in a summary manner. 15. On 3 June 2008 the applicant lodged a supervisory-review appeal against the judgment of 7 May 2008. On 8 July 2008 the Deputy President of the Supreme Court of the Tatarstan Republic dismissed it, fully endorsing the findings of the lower courts. | Ruled as violated by court | null | null | true | 1 | While public organization protocols serve meaningful democratic interests, the applicant's early compliance and lack of engagement with the public make it seem clear this was a personal expression. | null |
31 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The applicant was born in 1964 and lives in Katowice. 6. The applicant is a former activist of an anti-communist opposition group, who was interned in 1982. 7. He observed the trial against three high-ranking members of the communist-era Military Council of National Salvation who had ordered the imposition of martial law in Poland in December 1981. 8. The trial in question, which lasted from 2007 until 2015, attracted a lot of public attention in Poland. 9. On 12 January 2012 the main defendant, General C.K. was convicted and sentenced to four years' imprisonment. This penalty was reduced by half under the Amnesty Act and its execution was suspended for five years in view of the defendant's old age and poor health. Another defendant was acquitted and another had her case discontinued. On 15 June 2015 the appellate court upheld the first-instance judgment. 10. The applicant was in the courtroom when on 12 January 2012 the Warsaw Regional Court (Sąd Okręgowy) was to deliver its judgment in the case described above. 11. At 1.30 p.m., after the judges had arrived in the courtroom, the applicant jumped behind the judge's table and shouted: "This is a mockery of justice!" (Tutaj trwa kpina z wymiaru sprawiedliwości). 12. The judges left the courtroom. 13. Some other members of the audience shouted "Disgrace!" and "Court before the court!" (Hańba and Sąd pod sąd). They were all holding up photos of victims of the communist regime. 14. The applicant was forcibly removed from the courtroom. 15. Shortly afterwards, he returned and continued shouting out similar statements joint by other members of the audience. In view of the audience's refusal to leave the courtroom, the judge who was presiding over the trial decided to announce the judgment from a different room. 16. At 3 p.m. the trial was resumed in a new room, with the public comprising only journalists. Here, in the applicant's absence, the Warsaw Regional Court imposed on him a disciplinary custodial penalty of fourteen days for contempt of court ("for the breach of the solemn nature, serenity and the course of court proceedings, to the degree making the announcement of the judgment impossible"). 17. On 12 January 2012 a written decision, in the form of an extract from the court minutes as described in the preceding paragraph, was issued to that effect. 18. The applicant submitted that he had not been served with that decision or informed of it. 19. On the day of the trial in question, that is 12 January 2012, a warrant was issued ordering the applicant's placement in a penal facility with a view to his serving the penalty. On 13 January 2012 a warrant to this effect was sent to Katowice police station together with a copy of the court's decision imposing the disciplinary punishment. 20. On 19 January 2012 the applicant was served with a warrant and then arrested so that he could be committed to Warsaw Remand Centre to serve the penalty in a closed regime. 21. On 22 January 2012 the applicant lodged an interlocutory appeal against the decision imposing the custodial penalty. He argued that his one-minute statement had not disturbed the court to such an extent as to make it impossible to announce the judgment. He also submitted that if the presiding judge had told him to return to his seat, he would have complied. Since only a copy of the first page of the applicant's appeal has been submitted to the Court, it is unclear whether the applicant had also raised the argument of the lack of impartiality of the judges who had punished him for contempt of court. 22. On 30 January 2012 this appeal was registered with the Registry of the Warsaw Court of Appeal (Sąd Apelacyjny). 23. On 31 January 2012 the applicant's appeal was transferred to the Warsaw Regional Court for comment. 24. On 1 February 2012 the appeal together with the Regional Court's comments was received by the Warsaw Court of Appeal. The appellate hearing was scheduled for 23 February 2012. 25. On 2 February 2012 – the fourteenth day of the applicant's detention – the Prison Board of the Warsaw Remand Centre decided that the applicant should be detained under a semi-open regime (with the possibility to leave his cell during the day). 26. Following that decision, the applicant was transferred for several hours to a remand centre with a semi-open regime. 27. He was released later that day. 28. On an unspecified date, the appellate hearing was rescheduled because of the judge's illness for 22 March 2012. 29. On 22 March 2012 the Warsaw Court of Appeal dismissed the applicant's interlocutory appeal, finding that the applicant's disrespectful behaviour had interfered with the solemn nature of court proceedings and with the court's dignity, and had disrupted the proceedings. His action had provoked the audience to shout similar slogans. It had been premeditated as the applicant had known that the announcement of the judgment had been scheduled for live media broadcast. The court also considered that the applicant's behaviour could not be explained by an emotional disagreement with the court's ruling because at the time of the incident the applicant had been unaware of the outcome of the trial. The applicant had wished to disturb the order of the proceedings irrespective of their result. In the domestic court's view, imposing a more lenient penalty would have sanctioned unaccountability and would have lacked a deterrent effect. | Ruled as violated by court | null | 11. At 1.30 p.m., after the judges had arrived in the courtroom, the applicant jumped behind the judge's table and shouted: "This is a mockery of justice!" (Tutaj trwa kpina z wymiaru sprawiedliwości). 17. On 12 January 2012 a written decision, in the form of an extract from the court minutes as described in the preceding paragraph, was issued to that effect. | true | 2 | The applicant has a right to free expression as displayed in their reaction to the court case. However, there is also a meaningful democratic interest in maintaining the judiciary. | null |
32 | Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. | 5. The first applicant (Mr Ryklin) was born in 1958. The second applicant (Mr Sharov) was born in 1956. Both applicants are human rights activists and pro-democracy campaigners. They both live in Moscow. 6. On 21 April 2015 the applicants, with three others, sent written notification to the Moscow Mayor's office of their intention to hold a demonstration with some 15,000 participants from 7 p.m. to 10 p.m. on 6 May 2015 in Bolotnaya Square. After the expiry of the statutory period for the authority's reply, on 28 April 2015 the applicants wrote a letter to the Mayor's office stating that they considered the event of 6 May 2015 to have been approved by the Mayor. 7. On 27 April 2015 the Regional Security and Anti-Corruption Department of Moscow telephoned the applicants and suggested that the event be held on Marshal Vasilevskiy Street. On 30 April 2015 the Department repeated this proposal in a letter. The event organisers were also warned that if they rejected this proposal they would not be allowed to hold a public event at all. 8. According to the applicants, they informed all possible participants in the demonstration about its cancellation by way of posting information on the internet and via various mass-media outlets. 9. At around 7.05 p.m. both the applicants arrived in Bolotnaya Square, where they saw a gathering of some fifty people standing quietly, without any banners. According to the applicants, each positioned himself at a distance from other people with a political banner. The applicants considered that each of them was staging a solo demonstration which did not require prior notification of the authorities. A few minutes later the applicants were arrested and taken to a police van. 10. According to the Government, on 6 May 2015 the applicants, acting in a group of fifty people, organised and held a public assembly without prior notification being given to the authorities. The applicants called upon others to shout the slogans "Freedom to political prisoners", "Death to fascists" and others; the second applicant held a banner stating that all "Bolotnaya participants" were innocent. The applicants did not respond to the multiple demands by the police that they cease their actions, and at 7.35 p.m. they were taken to the Yakimanka district police station. 11. According to the records of transfer to the police station (протоколы доставления) and the administrative arrest records, the first applicant was brought to the police station at 7.40 p.m. on 6 May 2015 and placed under administrative arrest at the same time. The second applicant was brought to the police station at 7.25 p.m. and placed under administrative arrest at 7.40 p.m. The records of the transfer contained an indication that both applicants were taken to the police station for an administrative offence record to be drawn up. 12. According to the Government, the term of the applicants' retention in the police station was extended to forty-eight hours. On 6 May 2015 at 10.15 p.m. the first applicant was transported to the police station in Zamoskvorechye District of Moscow. On 7 May 2015 at 4 p.m. he was taken to the Zamoskvoretskiy District Court of Moscow. The second applicant was taken to that same court on 7 May 2015 at 4.10 p.m. 13. At the police stations both applicants were accused of organising and holding a group public event without notifying the authorities in advance, in breach of Article 20.2 § 2 of the Code of Administrative Offences (hereinafter "the CAO"). In particular, they called upon others to shout political slogans; the second applicant had a banner. 14. On 7 May 2015 the Zamoskvoretskiy District Court convicted the first applicant under Article 20.2 § 2 of the CAO and sentenced him to ten days' detention. The court found that the first applicant, with the second applicant, had organised and held a group public event in the form of a "meeting" with about fifty participants, without notifying the authorities in advance. It dismissed the applicant's argument that he had staged a solo demonstration, after considering it as a line of defence. The court also refused to admit in evidence a video recording of the events in Bolotnaya Square, because it was "undated and did not contain the entire chronology of events preceding [the applicant's] arrest". 15. On the same day the Zamoskvoretskiy District Court heard the case against the second applicant. The court reiterated the description of the administrative offence imputed to the first applicant, found the second applicant guilty under Article 20.2 § 2 of the CAO, and sentenced him to ten days' detention. The court dismissed the evidence of two eyewitnesses who stated that the second applicant had been standing alone on the bridge with a banner. It also refused to admit in evidence video recordings and photographs showing the second applicant, because neither of them contained "information about the address". 16. Both the applicants appealed, insisting that they had staged solo demonstrations. On 13 May 2015 the Moscow City Court upheld the judgments. Referring to the statutory definition of a "meeting" (the presence of people in a specific place in order to publicly express their opinions, essentially on social and political issues), the appellate court considered that some fifty people had been present in Bolotnaya Square, including the applicants, who had called on others to shout political slogans. | Ruled as violated by court | null | null | true | 2 | The applicants have rights to free expression. Still, public organization protocols serve meaningful democratic interests, which the applicants appear to have flouted by demonstrating despite the notice of cancellation. | null |
33 | Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. | 4. The applicant was born in 1973 and lives in Mersin. 5. The applicant is a teacher in primary school and at the material time she was a member and secretary of the local branch of the trade union of Education and Science Workers (Eğitim ve Bilim Emekçileri Sendikası). 6. On 28 November 2008 the applicant participated in a demonstration organised by the above mentioned trade union on the theme "No to violence against women". 7. On 29 June 2009 the District Directorate of National Education imposed a disciplinary sanction in the form of a reprimand on the applicant for her participation in the aforementioned demonstration under Article 125 of the Law no. 657 on Civil Servants. 8. On 10 July 2009 the applicant objected to this decision and requested its annulment. 9. On 29 July 2009 the Disciplinary Board of the Yenişehir district governor dismissed the applicant's objection considering that the contested decision was in accordance with law and there were no grounds for its annulment. | Ruled as violated by court | null | null | false | 0 | The applicant has a clear right to assemble with a union. | null |
34 | Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. | 4. The applicant was born in 1958 and lives in Antalya. 5. The applicant is a teacher in a high school. At the material time he was a member of the local branch of the trade union of Education and Science Workers (Eğitim ve Bilim Emekçileri Sendikası). 6. In May 2009, disciplinary proceedings were instituted against the applicant for putting up a notice encouraging the participation in a press statement published by his Union on the notice board that was set aside for that particular purpose in their office, and for distributing it in one of the common areas at school. 7. On 30 September 2009 the District Directorate of National Education imposed a disciplinary sanction in the form of a reprimand on him, for putting up and distributing notices produced by the trade union, of which he was a member, under Article 125 of the Law no. 657 on Civil Servants. 8. On 6 October 2009 the applicant objected to this decision and requested its annulment. 9. On 15 October 2009 the Disciplinary Board of the Kepez district governor dismissed the applicant's objection considering that the contested decision was in accordance with law and there were no grounds for its annulment. | Ruled as violated by court | null | null | false | 0 | The applicant has a clear right to assemble with a union. | null |
35 | Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. | 4. The applicants were born in 1961 and 1967 respectively and live in Mersin and Diyarbakır. 5. The applicants were civil servants for tax offices attached to the Ministry of Finance in Mersin and Diyarbakır. At the material time they were members of the local branch of the trade union Büro Emekçileri, which is affiliated to Trades Union Confederation of Public Employees (Kamu Emekçileri Sendikaları Konfederasyonu-"KESK"). 6. In March and April 2009, the applicants were informed of the disciplinary investigations that were initiated against them for having participated in a statement to the press organised by the trade union of which they were members and were invited to send their defence submissions. 7. Subsequently, the disciplinary sanctions of warning and reprimand were imposed on the applicants for their participation in the aforementioned trade union activities under Section 125 of the Law no. 657 on Civil Servants. 8. The applicants objected to these decisions and requested their annulment. 9. In May 2009 the Disciplinary Board of the tax offices dismissed the applicants' objections considering that the contested decisions were in accordance with law and there were no grounds for annulment. | Ruled as violated by court | null | null | false | 0 | The applicants have a clear right to assemble with a union. | null |
36 | Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. | 4. The applicant was born in 1975 and lives in Erzincan. 5. The applicant was a civil servant in the Erzincan Provincial Directorate of Environment and Forestry, and at the time of the events he was a member of the local branch of a trade union affiliated to KESK (Kamu Emekçileri Sendikaları Konfederasyonu – Confederation of Public Employees' Trade Unions). 6. On 27 November 2004 and 12 December 2004 respectively, the applicant participated in a press statement and a demonstration organised by his trade union. 7. Subsequently, a disciplinary investigation was initiated against the applicant for his participation in the above mentioned trade union activities. 8. On 31 August 2005 a disciplinary sanction in the form of a reduction in salary was imposed on the applicant for having participated in trade union activities. 9. On 27 October 2005 the applicant filed a petition with the Sivas Administrative Court and requested the annulment of the disciplinary sanction that had been imposed on him. 10. On 18 May 2006 the Sivas Administrative Court dismissed the applicant's request, considering that the administrative decision was in accordance with law and there were no grounds for its annulment. 11. On 20 October 2008 the Supreme Administrative Court upheld the judgment of the Sivas Administrative Court. | Ruled as violated by court | null | null | false | 0 | The applicant has a clear right to assemble with a union. | null |
37 | Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. | 5. The applicant was born in 1962 and lives in Istanbul. 6. At the material time, the applicant was a civil servant in the Metropolitan Municipality of Istanbul and a member of the local branch of the Tümbel-Sen trade union, which is affiliated to the KESK (Kamu Emekçileri Sendikaları Konfederasyonu – the Confederation of Public Employees' Trade Unions). 7. In April 2008 two of the largest trade unions, namely the DİSK (Devrimci İşçi Sendikaları Konfederasyonu – Confederation of Revolutionary Workers' Trade Unions) and the KESK (Kamu Emekçileri Sendikaları Konfederasyonu – Confederation of Public Employees' Trade Unions) announced that they were planning a large scale demonstration in Istanbul for 1 May 2008 and that their members would be gathering to celebrate the Labour Day and to commemorate their friends who had lost their lives during the demonstrations of 1 May 1977. 8. In May 2008 the applicant was informed that a disciplinary investigation had been initiated against him for being absent without leave on 1 May 2008 and he was asked to submit his defence submissions. The applicant explained that he had participated in a demonstration organised by his trade union on that day to celebrate International Labour Day. 9. Subsequently, the applicant was given a warning as a disciplinary sanction owing to his being absent without leave on 1 May 2008 pursuant to section 125 of the Civil Servants Act (Law no. 657). 10. On 13 May 2008 the applicant objected to the decision and requested its annulment. 11. On 16 May 2008 the Disciplinary Board of the Istanbul Municipality dismissed the applicant's objection, finding that the contested decision was in accordance with the law and that there were no grounds to annul it. | Ruled as violated by court | null | null | false | 0 | The applicant has a clear right to assemble with a union. Being absent without leave does not rise to the level necessary for democratic interest intervention. | null |
38 | Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. | 5. The applicants, who are husband and wife, were born in 1970 and live in Chișinău. 6. On 29 January 2008 the applicants were involved in a peaceful street protest as a result of which they were arrested and detained for six hours and forty‑five minutes. On 18 December 2008 the first applicant was again involved in a peaceful street protest, as a result of which he was arrested and detained for approximately four hours and a half. Later both applicants were acquitted and the actions of the police were found to be unlawful. The facts concerning those protests were described in detail in Mătăsaru and Saviţchi v. Moldova, no. 38281/08, §§ 6-58, 2 November 2010. 7. On 29 January 2009 the first applicant organised again a street protest and was arrested again and detained for some six hours. Later the applicant was acquitted and the actions of the police were found to be unlawful. 8. On 2 November 2010 the Court adopted a judgment in the case of Mătăsaru and Saviţchi (cited above), in which it declared inadmissible the applicants' complaints concerning the alleged breaches of their rights guaranteed by Articles 5 and 11 of the Convention on the ground of their failure to exhaust domestic remedies (see Mătăsaru and Saviţchi (cited above, § 75). 9. After that, the applicants brought a civil action under Law 1545 (on compensation for damage caused by illegal acts of the criminal investigation bodies, the prosecution authorities or the courts) seeking compensation in respect of the breach of their rights guaranteed by Articles 5 and 11 of the Convention in regard to all three street protests of 2008 and 2009. 10. By a final judgment of 6 February 2013 the Supreme Court of Justice acknowledged the breach of the applicnts' rights guaranteed by Articles 5 and 11 of the Convention and awarded them the equivalent of 900 and 270 euros (EUR), respectively. | Ruled as violated by court | null | null | false | 0 | The applicants have a clear right to assemble with a union. Both protests were peaceful, not rising to the level of threatening democratic interests. | edited by me to remove ambiguity in fact pattern |
39 | Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. | 5. The applicant was born in 1961 and lives in Adana. 6. On 16 February 2006 a gathering was held in Adana on the anniversary of the arrest of Abdullah Öcalan, the leader of the PKK (Kurdistan Workers' Party), an illegal armed organisation. The protesters gathered in front of the building of the Adana branch of the Democratic Society Party (Demokratik Toplum Partisi) (DTP), where a press statement was read out. Being a member of the DTP, the applicant participated in the gathering. 7. Subsequently, clashes occurred between police officers and some demonstrators who were attempting to block the traffic. According to police reports, two police officers were injured as a result of objects thrown from the DTP building. The police then entered the DTP building and arrested 223 people, including the applicant. The next day, the applicant was detained on remand. 8. On 10 March 2006 the Adana public prosecutor charged the applicant and sixteen other people with membership of the PKK under Articles 220 § 6 and 314 of the Criminal Code. The prosecutor alleged that the accused had participated in the public gathering in question in response to calls made by the PKK and had resisted the police officers, and that they had therefore acted on behalf of the PKK. 9. On 5 May 2006 the applicant was released pending trial. 10. On 10 September 2008 the Adana Assize Court convicted the applicant under section 7(2) of the Prevention of Terrorism Act (Law no. 3713). The assize court did not find it established that the applicant had attended the reading out of the press statement in response to calls made by the PKK or that she had injured any police officers. It therefore concluded that the applicant could not be convicted of membership of the PKK or resistance to the police. The court nonetheless considered that on 16 February 2006 the applicant had gone to the DTP building with a view to disseminating propaganda in support of the PKK and that she should therefore be convicted under section 7(2) of Law no. 3713. The applicant was sentenced to ten months' imprisonment. 11. Taking into account the applicant's good behaviour during the trial and the absence of any previous criminal record, the court suspended the pronouncement of her conviction on condition that she did not commit another intentional offence for a period of five years, under Article 231 of the Code of Criminal Procedure (hükmün açıklanmasının geri bırakılması). 12. On 20 November 2008 the court dismissed an objection lodged by the applicant against the above-mentioned decision. The final decision was served on the applicant on 9 January 2009. | Ruled as violated by court | null | null | true | 2 | The applicant has a right to assemble with the party, but one could argue, as the prosecutor does, that this protest interferes with democratic interests in national security and preventing disorder. | null |
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Dataset Summary
This is a dataset for the novel legal ambiguity identification task, adapting prior SARA and ECHR datasets with annotations on the existence of legal ambiguity in the application of general statutes to specific fact patterns.
This dataset is created through a senior thesis project; please reference this work (link TBD) for more information.
Dataset Contact
Christina Xiao (xiao.christina@gmail.com)
(citation TBD)
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