PROCEDURE

The case originated in an application (no. 52782/99) 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 five Turkish nationals, Mr Mustafa Erçıkdı, Ms Gülşen Çamoğlu, Mr Ali Kazan, Mr Bülent Çamoğlu and Mr Mehmet Kaya (“the applicants”), on 30 July 1999.

The applicants were represented by Mr K.T. Sürek and Mr S. Mutlu, lawyers practising in Istanbul. The Turkish Government (“the Government”) did not designate an Agent for the purposes of the proceedings before the Court.

On 31 March 2005 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the applicants’ right to a fair hearing by an independent and impartial tribunal to the Government. Under the provisions of Article 29 § 3 of the Convention, it decided to examine the merits of the application at the same time as its admissibility.

The applicant and the Government each filed observations on the merits (Rule 59 § 1).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

The applicants were born in 1959, 1965, 1972, 1959 and 1972 respectively and live in Aydın.

The applicants were the Nazilli district directors of the Labour Party (Emeğin Partisi) at the time of the events.

On 31 July 1997 the Izmir Magistrates’ Court ordered the confiscation of a leaflet entitled “The Kurdish problem is a problem of the people of Turkey”. On 1 September 1997 this leaflet was distributed by the Nazilli District Headquarters of the Labour Party.

On 1 October 1997 the public prosecutor at the Izmir State Security Court filed a bill of indictment accusing the applicants of provoking hatred and hostility on the basis of a distinction between race and region. He requested that they be convicted and sentenced under Article 312 §§ 2 and 3 of the Criminal Code.

On 17 March 1998 the Izmir State Security Court convicted the applicants as charged. Mr Çamoğlu was sentenced to one year nine months and sixteen days’ imprisonment and to a fine of 1,576,566 Turkish liras (TRL). The other applicants were sentenced to one year and eight months’ imprisonment and to a fine of TRL 1,433,333. The sentences of Ms Çamoğlu and Mr Kazan were suspended as they did not have a criminal record.

On 6 April 1999 the Court of Cassation upheld the judgment of the first-instance court.