Case: case_708

Atomic Facts:
[{"fact_id": "F001", "text": "The applicant was born in 1984.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F002", "text": "The applicant lives in Ankara.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F003", "text": "On 26 October 2008 a press conference was held in Gaziantep to protest about the conditions of detention and alleged ill-treatment of Abdullah Öcalan, the leader of the PKK (an illegal armed organisation).", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F004", "text": "On 26 October 2008 a demonstration was held in Gaziantep to protest about the conditions of detention and alleged ill-treatment of Abdullah Öcalan, the leader of the PKK (an illegal armed organisation).", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F005", "text": "According to a police report dated 31 December 2008, on 26 October 2008 clashes occurred between demonstrators and the police in three neighbourhoods in Gaziantep.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F006", "text": "According to a police report dated 20 January 2009, on 26 October 2008 clashes occurred between demonstrators and the police in three neighbourhoods in Gaziantep.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F007", "text": "As a result of the clashes on 26 October 2008 in Gaziantep, eleven police officers were injured.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F008", "text": "As a result of the clashes on 26 October 2008 in Gaziantep, police vehicles were damaged by some demonstrators who threw stones.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F009", "text": "As a result of the clashes on 26 October 2008 in Gaziantep, public buildings were damaged by some demonstrators who threw stones.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F010", "text": "In the police reports dated 31 December 2008 and 20 January 2009, it was noted that four photographs of a crowd had been taken by DIHA (Dicle News Agency) correspondents.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F011", "text": "The four photographs taken by DIHA (Dicle News Agency) correspondents were published in the local media.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F012", "text": "The four photographs taken by DIHA (Dicle News Agency) correspondents were published in media controlled by the PKK.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F013", "text": "In the photographs, a person who had covered his head with a hood and his face with a puşi was seen.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F014", "text": "The police officers who had prepared the reports dated 31 December 2008 and 20 January 2009 had found out that the person seen in the photographs with a covered head and face was the applicant.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F015", "text": "The police officers who had prepared the reports dated 31 December 2008 and 20 January 2009 had found out that the applicant had been active in the Patriotic Democratic Youth Assembly (Yurtsever Demokratik Gençlik Meclisi), a youth organisation which was, according to the police reports, linked to the PKK.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F016", "text": "On 18 February 2009 the Adana public prosecutor filed a bill of indictment against the applicant and one other person with the Adana Assize Court.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F017", "text": "The Adana public prosecutor noted in the bill of indictment that the applicant had participated in the gathering which had started in front of one of the offices of the Party for a Democratic Society (Demokratik Toplum Partisi – DTP) in Gaziantep.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F018", "text": "The Adana public prosecutor noted in the bill of indictment that the applicant had covered his face during the gathering in front of one of the offices of the Party for a Democratic Society (Demokratik Toplum Partisi – DTP) in Gaziantep.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE", "A. Criminal proceedings brought against the applicant under Article 220 § 6 and Article 314 of the Criminal Code, and section 7(2) of the Prevention of Terrorism Act (Law no. 3713)"]}, {"fact_id": "F019", "text": "The Adana public prosecutor noted in the bill of indictment that the applicant had chanted slogans during the gathering in front of one of the offices of the Party for a Democratic Society (Demokratik Toplum Partisi – DTP) in Gaziantep.",

Fact Mapping:
{"list1": {"scope": ["F004", "F037", "F049", "F050", "F051", "F055", "F056", "F057", "F058"], "interference": ["F004", "F037", "F038", "F049", "F056", "F060", "F065"], "prescribed_by_law": ["F004", "F037", "F038", "F049", "F050", "F051", "F055", "F056", "F057", "F058"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list2": {"scope": ["F004", "F049", "F055", "F057", "F058"], "interference": ["F037", "F038", "F049", "F060", "F065"], "prescribed_by_law": ["F038", "F049", "F050", "F051", "F055", "F056", "F057", "F058"], "legitimate_aim": [], "necessity": [], "positive_obligation": []}, "list3": ["F004", "F037", "F038", "F049", "F051", "F055", "F056", "F057", "F058"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "explicit"}, "scope_assembly_exists": {"conclusion": "yes", "discussed": "explicit"}, "scope_participation": {"conclusion": "yes", "discussed": "explicit"}, "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": 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"}}}