PROCEDURE

The case originated in an application (no. 51962/12) against the Republic of Turkey lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by two Turkish nationals, Mr Senanik Öner and Mr Ferhan Türk (“the applicants”), on 27 June 2012.

The applicants were represented by Mr E. Talay, a lawyer practising in Diyarbakır. The Turkish Government (“the Government”) were represented by their Agent.

The applicants alleged that there had been an interference with their right to freedom of expression under Article 10 of the Convention.

On 29 May 2013 the application was communicated to the Government.

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants, Senanik Öner and Ferhan Türk, were born in 1952 and 1951 respectively and live in Diyarbakır.

On 21 March 2007 the applicants attended the Newroz celebrations in Kızıltepe, a district of Mardin, and made certain speeches concerning the problems of Kurdish people. The relevant extracts from the applicants’ statements can be summarised as follows: “For the attention of the press and public: I celebrate your day of Newroz. I commemorate the civilians who were killed by the members of security forces in Cizre, Nusaybin and Şırnak. The PKK declared a ceasefire to stop the bloodshed and to contribute to the peace establishment process. Subsequently, the PKK also withdrew its armed forces out of the borders of Turkey to maintain peace. We expect affirmative steps from the state. (...) The Kurdish leader, “Sayın0” Abdullah Öcalan has been poisoned and this is a very serious problem. Turkey should order an investigation into the Öcalan ‘poisoning’. (...) The state did not take any steps for democratisation or to solve the Kurdish problem. We believe in peace and the state should take appropriate steps for solving the Kurdish problem.’’

Subsequently, criminal proceedings were brought against the applicants by the Kızıltepe Public Prosecutor, charging them with disseminating terrorist propaganda on behalf of an illegal organisation, the PKK (Kurdish Workers’ Party, an illegal organisation), under Section 7 § 2 of the Prevention of Terrorism Act (Law no. 3713).

On 15 April 2008 the Diyarbakır Assize Court found the applicants guilty as charged and sentenced them to one year and eight months’ imprisonment.

On 28 December 2011 the Court of Cassation upheld the first-instance court’s judgment.

The applicants learned of this decision on 6 March 2012.

On 12 October 2012, following an amendment to the law, the Diyarbakır Assize Court revised its judgment pursuant to Provisional Article 1 § 1 of the Law no. 6352 and suspended the execution of the applicants’ sentences.