Case: case_334

Atomic Facts:
[{"fact_id": "F001", "text": "The applicant was born in 1958.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F002", "text": "The applicant lives in Batman.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F003", "text": "At the time of the events giving rise to the present application, the applicant was the head of the Batman branch of the People's Democratic Party (DEHAP).", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F004", "text": "Subsequently, the applicant was the head of the Batman branch of the Party for a Democratic Society (DTP).", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F005", "text": "On unspecified dates in 2005 and 2006, the Batman public prosecutor's office initiated at least four criminal investigations against the applicant.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F006", "text": "On 18 October 2005, the applicant made a statement before the Batman public prosecutor in relation to his attendance at a number of public meetings.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F007", "text": "On 6 December 2005, the applicant made a statement before the Batman public prosecutor in relation to his attendance at a number of public meetings.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F008", "text": "On 1 February 2006, the applicant made a statement before the Batman public prosecutor in relation to his attendance at a number of public meetings.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F009", "text": "On 23 March 2006, the applicant made a statement before the Batman public prosecutor in relation to his attendance at a number of public meetings.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F010", "text": "When questioned on 18 October 2005, the applicant was asked about his participation in an event commemorating a number of deceased members of the PKK (Kurdish Workers' Party, an illegal armed organisation) held on 22 August 2005.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F011", "text": "The applicant responded that he had become aware of the event commemorating deceased PKK members when demonstrators had started to march to the cemetery where the deceased were buried.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F012", "text": "The applicant stated that, as he was the head of the Batman branch of DEHAP (People's Democratic Party), he had attended the march in order to keep the demonstrators under control and to prevent any possible disturbances in the town.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F013", "text": "When questioned on 6 December 2005, the applicant stated that on 17 August 2005 he had been the head of the DEHAP (People's Democratic Party) branch in Batman.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F014", "text": "When questioned on 6 December 2005, the applicant stated that he had not praised the leader of the PKK (Kurdish Workers' Party) in his speech.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F015", "text": "The applicant stated that although Abdullah Öcalan, the leader of the PKK (Kurdish Workers' Party), was in prison, he was regarded as a political actor by the local population.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F016", "text": "The applicant stated that his intention had been to express the social fact that Abdullah Öcalan was regarded as a political actor by the local population, and that he was against any kind of violence.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F017", "text": "When the Batman public prosecutor reminded the applicant of the violent acts of the PKK (Kurdish Workers' Party), the applicant stated that he was against violence regardless of whom it emanated from.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F018", "text": "On 1 February 2006, the Batman public prosecutor asked the applicant why he had referred to the PKK (Kurdish Workers' Party) leader as 'Esteemed/Mr (Sayın) Öcalan' during one of his speeches.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F019", "text": "The applicant responded that he had used the word 'Sayın' as a matter of courtesy.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F020", "text": "The applicant stated that he had not intended to disseminate propaganda in favour of the PKK (Kurdish Workers' Party) or to praise a criminal.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F021", "text": "On 23 March 2006, the applicant was questioned by the Batman public prosecutor in the context of a criminal investigation opened against him on suspicion of membership of the PKK (Kurdish Workers' Party).", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F022", "text": "The applicant stated that he had participated in several demonstrations and readings of press statements in his capacity as the head of the Batman branch of DEHAP (People's Democratic Party) and the DTP (Party for a Democratic Society).", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F023", "text": "The applicant stated that he had not committed any offence during the demonstrations and readings of press statements he attended.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F024", "text": "The applicant denied the veracity of the allegation that the public meetings he attended had been organised in accordance with the instructions of the PKK (Kurdish Workers' Party).", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F025", "text": "When asked about a sentence condemning both the death of Turkish soldiers and PKK (Kurdish Workers' Party) members which he had uttered during a speech, the applicant stated that he would utter that sentence again without hesitation.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F026", "text": "The applicant stated that the petition campaign entitled 'I accept Abdullah Öcalan as a political actor' had not been started upon the instructions of the PKK (Kurdish Workers' Party).", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F027", "text": "The applicant accepted that he had demanded an end to the solitary confinement of Abdullah Öcalan.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F028", "text": "The applicant accepted that he had addressed Abdullah Öcalan as 'Esteemed/Mr (Sayın) Öcalan'.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F029", "text": "The applicant denied the allegation that he had had the intention of disseminating propaganda in favour of the PKK (Kurdish Workers' Party).", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F030", "text": "The applicant contended that he had attended the demonstrations and meetings in question in order t

Fact Mapping:
{"list1": {"scope": ["F039", "F053", "F054", "F075", "F079", "F072", "F077", "F082", "F003", "F004", "F074", "F083"], "interference": ["F054", "F039", "F075", "F056", "F090", "F089"], "prescribed_by_law": ["F099", "F092", "F057", "F058", "F098", "F129", "F131", "F085", "F075", "F079", "F071", "F083", "F113", "F104", "F105", "F003", "F004", "F074", "F056", "F090"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list2": {"scope": ["F039", "F075", "F003", "F074"], "interference": ["F054", "F056", "F090"], "prescribed_by_law": ["F099", "F098", "F129", "F085", "F083", "F075", "F079", "F113", "F105", "F056", "F092", "F057", "F058", "F003", "F074"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list3": ["F039", "F075", "F003", "F074", "F083", "F054", "F099", "F129", "F085", "F105", "F056"]}

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