Case: case_480

Atomic Facts:
[{"fact_id": "F001", "text": "The case concerns the criminal conviction of the applicant for organising and participating in an unlawful demonstration.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F002", "text": "On 25 March 2011 a group of about seventy people gathered in front of the Viranşehir (district of Şanlıurfa) branch of the Peace and Democracy Party (the BDP, a pro-Kurdish political party).", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F003", "text": "On 25 March 2011 the group of about seventy people held a march in Viranşehir (district of Şanlıurfa).", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F004", "text": "The applicant was the Vice-President of the Şanlıurfa branch of the Peace and Democracy Party (the BDP, a pro-Kurdish political party).", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F005", "text": "The applicant delivered a speech to the demonstrators at the end of the march on 25 March 2011.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F006", "text": "In his speech at the end of the march on 25 March 2011, the applicant said: 'We request that the persecutions happening in this country be ended, that our friends arrested in relation to the KCK [Koma Civakên Kurdistan – Kurdistan Communities Union] incident be released, that the electoral thresholds be lowered and that the teaching of our mother tongue [and] education in our mother tongue be guaranteed under the Constitution. We will continue this protest until our requests are granted. We will never kneel down...'", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F007", "text": "On 6 April 2011 the Viranşehir Chief Public Prosecutor's Office indicted the applicant in the Viranşehir Criminal Court of First Instance (the Criminal Court).", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F008", "text": "The applicant was indicted under section 28(1) of the Meetings and Demonstrations Act (Law no. 2911) for organising and participating in an unlawful demonstration.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F009", "text": "The bill of indictment referred, inter alia, to the applicant's speech delivered during the demonstration of 25 March 2011.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F010", "text": "The bill of indictment referred to slogans chanted by the demonstrators during the demonstration of 25 March 2011, including 'Biji Serok Apo' ('Long live President Apo') and 'Şehit namırın' ('Martyrs are immortal').", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F011", "text": "At the hearing of 11 October 2011, the applicant argued that the applicant had expressed his opinions in the speech at issue, which had not contained any criminal elements.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F012", "text": "At the hearing of 11 October 2011, the applicant's lawyer argued that the applicant had expressed his opinions in the speech at issue, which had not contained any criminal elements.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F013", "text": "At the hearing of 11 October 2011, the applicant maintained that he had not led the demonstrators.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F014", "text": "At the hearing of 11 October 2011, the applicant maintained that the police had neither ordered the demonstrators to disperse nor warned them that the demonstration had been unlawful.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F015", "text": "At the hearing of 17 November 2011, the applicant's lawyer argued that the demonstration in question had not been unlawful.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F016", "text": "On 17 November 2011 the Viranşehir Criminal Court of First Instance (the Criminal Court) convicted the applicant as charged under section 28(1) of the Meetings and Demonstrations Act (Law no. 2911) for organising and participating in an unlawful demonstration.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F017", "text": "The Viranşehir Criminal Court of First Instance (the Criminal Court) sentenced the applicant to one year and three months' imprisonment.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F018", "text": "The Viranşehir Criminal Court of First Instance (the Criminal Court) suspended the pronouncement of the judgment for a probationary period of five years, pursuant to Article 231 of the Code of Criminal Procedure.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F019", "text": "The Viranşehir Criminal Court of First Instance (the Criminal Court) noted that the demonstration of 25 March 2011 had been held without the requisite prior notification.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F020", "text": "The Viranşehir Criminal Court of First Instance (the Criminal Court) noted that the demonstration of 25 March 2011 had been held in contravention of the conditions provided for by the law.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F021", "text": "The Viranşehir Criminal Court of First Instance (the Criminal Court) held that the applicant had taken part in the organisation of the demonstration of 25 March 2011, bearing in mind that he had been the Vice-President of the Şanlıurfa branch of the Peace and Democracy Party (the BDP).", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F022", "text": "The Viranşehir Criminal Court of First Instance (the Criminal Court) held that the applicant had taken part in the organisation of the demonstration of 25 March 2011, bearing in mind that he had had influence over the crowd.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F023", "text": "The Viranşehir Criminal Court of First Instance (the Criminal Court) referred to the applicant's speech of 25 March 2011 in its reasoning for convicting the applicant.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F024", "text": "On 2 March 2012 the Şanlıurfa Assize Court dismissed an objection lodged by the applicant against the decision to suspend the pronouncement of the judgment.", "source_paragraph": 6, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F025", "text": "The applicant complained that his criminal conviction had breached Article 10 of the Convention.", "source_paragraph": 7, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F026", "text": "The applicant complained that his criminal conviction had breached Article 11 of the Convention.", "source_paragraph": 7, "section_path": ["SUBJECT MATTER OF THE CASE"]}]

Fact Mapping:
{"list1": {"scope": ["F001", "F002", "F003", "F005", "F006", "F010", "F016", "F023"], "interference": ["F016", "F017", "F018"], "prescribed_by_law": ["F008", "F016"], "legitimate_aim": ["F019", "F020"], "necessity": ["F002", "F003", "F005", "F006", "F010", "F017", "F018", "F019", "F020"], "positive_obligation": []}, "list2": {"scope": ["F002", "F003", "F005", "F006", "F010"], "interference": ["F016", "F017", "F018"], "prescribed_by_law": ["F008", "F016"], "legitimate_aim": ["F019"], "necessity": ["F006", "F010", "F017", "F018", "F019"], "positive_obligation": []}, "list3": ["F003", "F005", "F006", "F010", "F016", "F017", "F018", "F019"]}

Conclusion:
{"violated": true, "elements": {"scope": {"conclusion": "yes", "discussed": "implied"}, "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": "yes", "discussed": "implied"}, "prescribed_by_law_accessible": {"conclusion": "yes", "discussed": "implied"}, "prescribed_by_law_safeguards": {"conclusion": "yes", "discussed": "implied"}, "legitimate_aim": {"conclusion": "yes", "discussed": "explicit", "aims": ["prevention_of_disorder"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}