Case: case_281

Atomic Facts:
[{"fact_id": "F001", "text": "The case concerns the dispersal by the police of a demonstration organised by a political party.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F002", "text": "The case concerns the injuries sustained by the second applicant during the dispersal of the demonstration.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F003", "text": "The applicants complain of a violation of their rights under Article 11 of the Convention.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F004", "text": "The second applicant alleges a further violation of Article 3 of the Convention.", "source_paragraph": 1, "section_path": ["THE FACTS"]}, {"fact_id": "F005", "text": "The applicants' details are set out in the appended table.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F006", "text": "The applicants were initially represented by Mr E. Cinmen, a lawyer practising in Muğla.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F007", "text": "The applicants were subsequently also represented by Mr R. Demir, a lawyer practising in Istanbul.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F008", "text": "The applicants were subsequently also represented by Ms Y. Kılıç, a lawyer practising in Istanbul.", "source_paragraph": 2, "section_path": ["THE FACTS"]}, {"fact_id": "F009", "text": "The Government were represented by their Agent, Mr Hacı Ali Açıkgül.", "source_paragraph": 3, "section_path": ["THE FACTS"]}, {"fact_id": "F010", "text": "Mr Hacı Ali Açıkgül held the position of Head of the Department of Human Rights of the Ministry of Justice of the Republic of Türkiye.", "source_paragraph": 3, "section_path": ["THE FACTS"]}, {"fact_id": "F011", "text": "At the time of the events giving rise to the present application, the applicants were members of the Turkish Grand National Assembly.", "source_paragraph": 5, "section_path": ["THE FACTS"]}, {"fact_id": "F012", "text": "According to a number of police reports issued in May and June 2010, two websites were considered to have links with the PKK (Workers' Party of Kurdistan, an armed terrorist organisation).", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F013", "text": "According to police reports issued in May and June 2010, the two websites considered to have links with the PKK mainly reported that various wings of the PKK would put an end, as of 1 June 2010, to the ceasefire which they had declared thirteen months previously.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F014", "text": "The information on the two websites considered to have links with the PKK contained statements by the leader of the PKK.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F015", "text": "The information on the two websites considered to have links with the PKK invited people to 'resist' and to 'join' the PKK.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F016", "text": "On 29 May 2010 the security forces received an intelligence report indicating that as of 1 June 2010 the PKK (Workers' Party of Kurdistan) would incite people to acts of civil disobedience across the country.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F017", "text": "The intelligence report received on 29 May 2010 mentioned possible attacks against the security forces involving the use of stones, sticks and Molotov cocktails as well as the burning of vehicles.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F018", "text": "The intelligence report received on 29 May 2010 mentioned possible attacks against public buildings involving the use of stones, sticks and Molotov cocktails as well as the burning of vehicles.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F019", "text": "On 31 May 2010 the General Security Directorate issued a report about possible attacks in the Silopi district of Şırnak province.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F020", "text": "On 2 June 2010 one of the two websites considered to have links with the PKK reported that the Silopi branch of the BDP (a political party) would organise a march the following day.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F021", "text": "The march reported on 2 June 2010 was to take place with the participation of some members of parliament.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F022", "text": "The march reported on 2 June 2010 was organised with a view to protesting against the increased military operations in the region.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F023", "text": "The march was to begin at 4 p.m. in front of the BDP party office in Silopi.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F024", "text": "The march was to continue from the BDP party office in Silopi towards the Habur border post between Türkiye and Iraq, situated approximately fifteen kilometres from Silopi.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F025", "text": "A police report of 2 June 2010 indicated that a crowd of people intended to block the main road leading to the Habur border post.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F026", "text": "A police report of 2 June 2010 indicated that a crowd of people intended to march towards the Habur border post, where a statement to the press would be read out.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F027", "text": "The police report of 2 June 2010 mentioned that the group might, if provoked, attack the security forces and their vehicles with stones.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F028", "text": "On 3 June 2010 the Silopi Security Directorate issued an internal document outlining the measures to be taken and the instructions to be followed by the police before and during the forthcoming demonstration.", "source_paragraph": 11, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F029", "text": "The internal document issued by the Silopi Security Directorate on 3 June 2010 instructed that police officers were to avoid provoking the demonstrators, follow the warning procedure at all times and comply with the chain of command.", "source_paragraph": 11, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F030", "text": "The internal document issued by the Silopi Security Directorate on 3 June 2010 instructed that force might be used in a graduated manner only if necessary and subject to the instructions of the superior officer.", "source_paragraph": 11, "section_path": ["THE FACTS", "I. BACKGROUND INFORMATION AS SUBMITTED BY THE GOVERNMENT"]}, {"fact_id": "F031", "text": "On 3 June 2010, at about 2 p.m., representatives of the BDP had a meeting with the District Governor of Silopi.", "source_paragraph": 12, "section_path": ["THE FACTS", "II. EVENTS OF 3 JUNE 201

Fact Mapping:
{"list1": {"scope": ["F050", "F143", "F064", "F144", "F145", "F146", "F068", "F069"], "interference": ["F052", "F048"], "prescribed_by_law": ["F150", "F151", "F152"], "legitimate_aim": [], "necessity": ["F016", "F019", "F027", "F020", "F038", "F039", "F040", "F041", "F042", "F043", "F102", "F032", "F034", "F035", "F050", "F052", "F142", "F143", "F048", "F049", "F103", "F053", "F055", "F138", "F139", "F150", "F151"], "positive_obligation": []}, "list2": {"scope": ["F050", "F143", "F064", "F144", "F145", "F146", "F068", "F069"], "interference": ["F052"], "prescribed_by_law": ["F150", "F151", "F152"], "legitimate_aim": [], "necessity": ["F027", "F020", "F038", "F039", "F040", "F041", "F042", "F043", "F102", "F032", "F034", "F035", "F050", "F052", "F142", "F143", "F048", "F049", "F053", "F055", "F138", "F139", "F150", "F151"], "positive_obligation": []}, "list3": ["F027", "F020", "F146", "F144", "F145", "F069", "F142", "F032", "F050", "F143", "F052", "F048", "F053", "F055", "F151", "F150"]}

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": "explicit"}, "interference": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law": {"conclusion": "yes", "discussed": "explicit"}, "prescribed_by_law_foreseeable": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_accessible": {"conclusion": null, "discussed": "not_discussed"}, "prescribed_by_law_safeguards": {"conclusion": null, "discussed": "not_discussed"}, "legitimate_aim": {"conclusion": "yes", "discussed": "explicit", "aims": ["prevention_of_disorder", "rights_of_others"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}