Case: case_165

Atomic Facts:
[{"fact_id": "F001", "text": "The application concerns the conviction of the applicant under Articles 220 § 6 and 314 of the Turkish Criminal Code.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F002", "text": "The applicant was convicted on account of his participation in a demonstration held in Batman on 13 December 2009.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F003", "text": "The applicant was sentenced to six years and three months' imprisonment under Articles 220 § 6 and 314 of the Turkish Criminal Code.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F004", "text": "The applicant complains of a violation of his rights guaranteed by Article 11 of the Convention.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F005", "text": "On 13 December 2009 the applicant was taken into police custody.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F006", "text": "On 16 December 2009 the applicant was placed in pre-trial detention.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F007", "text": "The applicant was placed in pre-trial detention on 16 December 2009 on suspicion of belonging to an illegal organisation.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F008", "text": "On 13 January 2010 the Batman public prosecutor issued an indictment charging the applicant with committing offenses in the name of an illegal organisation without being a member of it, under section 23(b) of the Meetings and Demonstration Marches Act (Law no. 2911).", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F009", "text": "On 13 January 2010 the Batman public prosecutor issued an indictment charging the applicant with resisting the security forces by way of throwing stones, under section 33(c) of the Meetings and Demonstration Marches Act (Law no. 2911).", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F010", "text": "The charges in the indictment of 13 January 2010 were based on acts the applicant allegedly committed during demonstrations which took place on 12 and 13 December 2009.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F011", "text": "On 8 June 2010 the Diyarbakır Assize Court convicted the applicant of committing offenses in the name of an illegal organisation without being a member of it pursuant to Article 314 § 2 of the Turkish Criminal Code, on the basis of Articles 220 § 6 and 314 § 3 of the same Code.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F012", "text": "The Diyarbakır Assize Court sentenced the applicant to six years and three months' imprisonment on 8 June 2010.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F013", "text": "The Diyarbakır Assize Court found that there was no evidence in the case file in support of the allegation that the applicant threw stones at the police officers.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F014", "text": "The Diyarbakır Assize Court concluded that the applicant's conduct constituted the offence prescribed by Section 32 of the Meetings and Demonstration Marches Act (Law no. 2911).", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F015", "text": "The Diyarbakır Assize Court sentenced the applicant to a total of one year and three months' imprisonment in respect of the Section 32 of the Meetings and Demonstration Marches Act (Law no. 2911) offence.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F016", "text": "The Diyarbakır Assize Court decided to suspend the pronouncement of the judgment in respect of the Section 32 of the Meetings and Demonstration Marches Act (Law no. 2911) offence.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F017", "text": "The Diyarbakır Assize Court convicted the applicant of membership of an illegal organisation on the basis that he was considered to have committed a crime on behalf of an illegal organisation and acted in breach of the Meetings and Demonstration Marches Act (Law no. 2911).", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F018", "text": "The Diyarbakır Assize Court established that the applicant had taken part in the demonstration of 13 December 2009.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F019", "text": "The demonstration of 13 December 2009 was allegedly organised by the PKK (Kurdish Workers' Party, an illegal armed organisation).", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F020", "text": "The Diyarbakır Assize Court established that the applicant had been part of a group of demonstrators who chanted slogans in favour of the PKK (Kurdish Workers' Party).", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F021", "text": "The Diyarbakır Assize Court established that the applicant had been part of a group of demonstrators who chanted slogans in favour of Abdullah Öcalan, the leader of the PKK (Kurdish Workers' Party).", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F022", "text": "The Diyarbakır Assize Court acquitted the applicant of the charges regarding his participation in the demonstration of 12 December 2009.", "source_paragraph": 6, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F023", "text": "The Diyarbakır Assize Court acquitted the applicant of the charges regarding throwing stones at police officers.", "source_paragraph": 6, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F024", "text": "On 20 April 2011 the Court of Cassation upheld the judgment of the Diyarbakır Assize Court of 8 June 2010.", "source_paragraph": 7, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F025", "text": "On 5 July 2012 Law no. 6352 entered into force.", "source_paragraph": 8, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F026", "text": "Law no. 6352 amended various laws with a view to suspending proceedings and sentences given in cases concerning crimes committed through the press and media and similar expressions of opinions.", "source_paragraph": 8, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F027", "text": "The applicant submitted a request to benefit from Law no. 6352.", "source_paragraph": 8, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F028", "text": "On 2 August 2012 the Diyarbakır Assize Court, hearing the applicant's request to benefit from Law no. 6352, decided to reduce the sentence imposed on the applicant by half, taking into account the amendment made by Law no. 6352 to Article 220 § 6 of the Turkish Criminal Code.", "source_paragraph": 8, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F029", "text": "On 2 August 2012 the Diyarbakır Assize Court finally sentenced the applicant to imprisonment for a period of three years, one month and fifteen days.", "source_paragraph": 8, "section_path": ["SUBJECT MATTER OF THE CASE"]}]

Fact Mapping:
{"list1": {"scope": ["F002", "F005", "F006", "F011", "F018"], "interference": ["F002", "F003", "F005", "F006", "F011"], "prescribed_by_law": ["F001", "F011"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list2": {"scope": ["F018"], "interference": ["F002", "F011"], "prescribed_by_law": ["F001", "F011"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list3": ["F018", "F002", "F011"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "implied"}, "scope_assembly_exists": {"conclusion": "yes", "discussed": "implied"}, "scope_participation": {"conclusion": "yes", "discussed": "implied"}, "scope_peaceful": {"conclusion": "yes", "discussed": "implied"}, "interference": {"conclusion": "yes", "discussed": "implied"}, "prescribed_by_law": {"conclusion": "no", "discussed": "explicit"}, "prescribed_by_law_foreseeable": {"conclusion": "no", "discussed": "explicit"}, "prescribed_by_law_accessible": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_safeguards": {"conclusion": "no", "discussed": "implied"}, "legitimate_aim": {"conclusion": null, "discussed": "not_discussed", "aims": []}, "necessity": {"conclusion": null, "discussed": "not_discussed"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}