Case: case_288

Atomic Facts:
[{"fact_id": "F001", "text": "The applicant complained of a violation of his right to freedom of expression on account of his conviction.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F002", "text": "The applicant complained of a violation of his right to freedom of assembly on account of his conviction.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F003", "text": "The applicant's conviction was based, inter alia, on his participation in several demonstrations.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F004", "text": "The applicant's conviction was based, inter alia, on his participation in several press conferences.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F005", "text": "The case concerns the alleged unfairness of the criminal proceedings against the applicant owing to his inability to question an anonymous witness at any stage of the proceedings.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F006", "text": "The case concerns the alleged unfairness of the criminal proceedings against the applicant owing to the domestic courts' rejection of his request to have the contents of his confiscated computer examined.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F007", "text": "On 29 December 2009 the Tunceli Security Directorate received an anonymous email.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F008", "text": "The anonymous email received by the Tunceli Security Directorate on 29 December 2009 accused the applicant of being a member of the Patriotic Democratic Youth Assembly (Yurtsever Demokratik Gençlik Hareketi – the YDGM).", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F009", "text": "The Patriotic Democratic Youth Assembly (Yurtsever Demokratik Gençlik Hareketi – the YDGM) is considered by the Turkish national authorities to be the youth branch of the PKK (the Workers' Party of Kurdistan).", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F010", "text": "On 10 June 2010 the Malatya public prosecutor filed a bill of indictment against the applicant.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F011", "text": "The bill of indictment filed by the Malatya public prosecutor on 10 June 2010 charged the applicant, along with eight others, with being a member of an armed terrorist organisation, namely the PKK (the Workers' Party of Kurdistan), under Article 314 § 2 of the Turkish Criminal Code (Law no. 5237).", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F012", "text": "The bill of indictment filed by the Malatya public prosecutor on 10 June 2010 also charged the applicant under section 5 of the Law on the Prevention of Terrorism.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F013", "text": "The Malatya public prosecutor noted that the applicant had participated in certain demonstrations in line with the PKK's instructions as published on certain websites and a TV channel.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F014", "text": "The Malatya public prosecutor noted that the applicant had participated in certain press conferences in line with the PKK's instructions as published on certain websites and a TV channel.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F015", "text": "The Malatya public prosecutor observed that the applicant had visited incarcerated members of the PKK to show moral support and undertake organisational activities.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F016", "text": "The Malatya public prosecutor observed that the applicant had visited family members of incarcerated members of the PKK to show moral support and undertake organisational activities.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F017", "text": "The Malatya public prosecutor observed that the applicant had been accused of being a member of the Patriotic Democratic Youth Assembly (YDGM) in an anonymous email.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F018", "text": "The Malatya public prosecutor observed that the anthem of the PKK had been found in the applicant's computer.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F019", "text": "The Malatya public prosecutor observed that symbols of the PKK had been found in the applicant's computer.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F020", "text": "The Malatya public prosecutor observed that texts composed by members of the PKK had been found in the applicant's computer.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F021", "text": "During the criminal proceedings the applicant denied the charges against him.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F022", "text": "The applicant submitted that he had merely visited one of his friends in prison, who had not been convicted of any crime at the time of the visits.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F023", "text": "The applicant submitted that his prison visits had not been related to any organisational activities.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F024", "text": "The applicant stated that he had not received any instructions from any illegal organisation.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F025", "text": "The applicant stated that there was no evidence to support the contention that he had received instructions from an illegal organisation.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F026", "text": "The applicant did not deny that he had taken part in the demonstrations referred to by the Malatya public prosecutor.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F027", "text": "The applicant did not deny that he had taken part in the press conferences referred to by the Malatya public prosecutor.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F028", "text": "The applicant argued that the demonstrations and press conferences in which he had participated had been legal activities permitted by the relevant authorities.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F029", "text": "On 23 June 2011 the Malatya Assize Court convicted the applicant under Article 314 § 2 of the Turkish Criminal Code (Law no. 5237) of being a member of an armed terrorist organisation, namely the PKK (the Workers' Party of Kurdistan).", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F030", "text": "The Malatya Assize Court's conviction of the applicant on 23 June 2011 was based, inter alia, on his participation in certain demonstrations on the calls published on websites and in media outlets controlled by or belonging to the PKK.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F031", "text": "The Malatya Assize Court's conviction of the applicant on 23 June 2011 was based, inter alia, on his participation in certain press conferences on the calls published on websites and in media outlets controlled by or belonging to the PKK.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F032", "text": "The Malatya Assize Court sentenced the applicant to nine years' imprisonment on 23 June 2011.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F033", "text": "The

Fact Mapping:
{"list1": {"scope": ["F003", "F004", "F013", "F014", "F026", "F027", "F029", "F030", "F031", "F034", "F043", "F044", "F045", "F046", "F051"], "interference": ["F029", "F032", "F063"], "prescribed_by_law": ["F011", "F012", "F029"], "legitimate_aim": [], "necessity": ["F013", "F014", "F028", "F029", "F030", "F031", "F032", "F034", "F043", "F044", "F045", "F046", "F051", "F060", "F061"], "positive_obligation": []}, "list2": {"scope": ["F003", "F004", "F026", "F027", "F030", "F031", "F034"], "interference": ["F029", "F032", "F063"], "prescribed_by_law": ["F011", "F012"], "legitimate_aim": [], "necessity": ["F028", "F029", "F030", "F031", "F032", "F034", "F043", "F045", "F046", "F051", "F060"], "positive_obligation": []}, "list3": ["F003", "F004", "F026", "F027", "F028", "F029", "F030", "F031", "F032", "F034", "F046", "F060", "F063"]}

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": "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", "prevention_of_crime", "rights_of_others"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}