Case: case_265

Atomic Facts:
[{"fact_id": "F001", "text": "The application concerns the alleged violation of Article 10 of the Convention on account of the applicant's conviction for disseminating propaganda in favour of the PKK (the Workers' Party of Kurdistan) through his participation in actions carried out during a demonstration organised by a political party.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F002", "text": "The application concerns the alleged violation of Article 11 of the Convention on account of the applicant's conviction for disseminating propaganda in favour of the PKK (the Workers' Party of Kurdistan) through his participation in actions carried out during a demonstration organised by a political party.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F003", "text": "The application pertains to the alleged unfairness of criminal proceedings against the applicant on account of the domestic courts' failure to deliver a reasoned judgment in respect of his convictions.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F004", "text": "The applicant's convictions were based on his having participated in a demonstration and incited other people to throw stones at the police.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F005", "text": "The application pertains to an alleged breach of the principle of equality of arms owing to the allegedly deficient manner in which evidence was admitted and assessed during the trial.", "source_paragraph": 1, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F006", "text": "On 15 December 2009, a local branch of the Party for a Democratic Society (Demokratik Toplum Partisi – the DTP) organised a demonstration in Muş.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F007", "text": "The demonstration organised by the local branch of the Party for a Democratic Society (DTP) on 15 December 2009 in Muş was held to protest about the dissolution of the party by the Constitutional Court.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F008", "text": "After a group of people had gathered near a building of the district branch of the Party for a Democratic Society (DTP), a person started firing into the crowd.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F009", "text": "The shooting into the crowd near the district branch of the Party for a Democratic Society (DTP) resulted in the deaths of two people.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F010", "text": "The shooting into the crowd near the district branch of the Party for a Democratic Society (DTP) resulted in injuries to several people.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F011", "text": "After the shooting incident, the gathering became violent and demonstrators started throwing Molotov cocktails at buildings, police officers and police vehicles.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F012", "text": "After the shooting incident, the gathering became violent and demonstrators started throwing stones at buildings, police officers and police vehicles.", "source_paragraph": 2, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F013", "text": "A police report dated 18 December 2009 indicated that video footage recorded by police officers showed that the applicant had been one of the demonstrators.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F014", "text": "A police report dated 18 December 2009 indicated that video footage recorded by police officers showed that the applicant had directed a group of people with his hand, inciting them to throw stones at the police.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F015", "text": "In his statements to the police, the applicant denied the accusations against him.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F016", "text": "In his statements to the police, the applicant stated that he was a local council officer.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F017", "text": "In his statements to the police, the applicant stated that he had gone out of the council building to see what was going on.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F018", "text": "In his statements to the police, the applicant stated that he had raised his arm to tell the group not to throw stones.", "source_paragraph": 3, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F019", "text": "An expert report concerning the video footage indicated that the applicant had been in the group throwing stones.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F020", "text": "An expert report concerning the video footage indicated that the applicant had raised his right hand.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F021", "text": "An expert report concerning the video footage indicated that the applicant had pointed his index finger at the police officers who had been recording videos.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F022", "text": "An expert report concerning the video footage indicated that the applicant had not thrown stones.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F023", "text": "An expert report concerning the video footage indicated that the applicant had not chanted any slogans.", "source_paragraph": 4, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F024", "text": "Throughout the criminal proceedings, the applicant admitted that the person in the video footage had been him.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F025", "text": "The applicant stated during the criminal proceedings that he had raised his hand as a reaction to those throwing stones, since he had felt nervous.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F026", "text": "The applicant stated during the criminal proceedings that he had tried to help the security forces.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F027", "text": "The applicant stated during the criminal proceedings that he had run away because the demonstrators had been throwing stones.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F028", "text": "The applicant stated during the criminal proceedings that he had returned to his workplace following the dispersal of the demonstrators by the police.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F029", "text": "On multiple occasions the applicant had asked the trial court to hear three witnesses, including a police officer, in support of his defence.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F030", "text": "The trial court refused on multiple occasions to hear the three witnesses, including a police officer, that the applicant had requested in support of his defence.", "source_paragraph": 5, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F031", "text": "On 17 September 2010 the trial court sentenced the applicant to six years and three months' imprisonment for committing an offence on behalf of an armed terrorist organisation without being a member of the organisation, contrary to Article 220 § 6 taken in conjunction with Article 314 § 2 of the Turkish Criminal Code.", "source_paragraph": 6, "section_path": ["SUBJECT MATTER OF THE CASE"]}, {"fact_id": "F032", "text": "The trial court's sentence for committing an offence on behalf of an armed terrorist organisation withou

Fact Mapping:
{"list1": {"scope": ["F006", "F007", "F033", "F004", "F014", "F045", "F049"], "interference": ["F033", "F002"], "prescribed_by_law": ["F033"], "legitimate_aim": ["F033", "F036", "F052"], "necessity": ["F004", "F033", "F054", "F056", "F059"], "positive_obligation": []}, "list2": {"scope": ["F006", "F004"], "interference": ["F033"], "prescribed_by_law": ["F033"], "legitimate_aim": ["F033"], "necessity": ["F033", "F054", "F056", "F059"], "positive_obligation": []}, "list3": ["F006", "F004", "F033", "F054", "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": null, "discussed": "not_discussed"}, "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": ["national_security", "prevention_of_disorder", "prevention_of_crime"]}, "necessity": {"conclusion": "no", "discussed": "explicit"}, "positive_obligation": {"conclusion": null, "discussed": "not_discussed"}}}