Case: case_243

Atomic Facts:
[{"fact_id": "F001", "text": "On 29 April 2008 the applicants jointly notified the Beyoğlu district governor that they would be gathering before the Taksim Atatürk memorial on 1 May 2008 at 1 p.m.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F002", "text": "The applicants notified the Beyoğlu district governor that the purpose of the gathering was to celebrate Labour Day.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F003", "text": "The applicants notified the Beyoğlu district governor that the purpose of the gathering was to commemorate their friends who had lost their lives during the demonstrations of 1 May 1977.", "source_paragraph": 4, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F004", "text": "On 30 April 2008 the Beyoğlu district governor authorised a gathering at the Taksim Atatürk memorial for representatives of trade unions only.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F005", "text": "The Beyoğlu district governor specifically indicated that a demonstration on a larger scale at the Taksim Atatürk memorial was not authorised.", "source_paragraph": 5, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F006", "text": "The Minister of the Interior issued a press statement declaring that the authorities were in possession of intelligence reports which precluded them from authorising any demonstration in Taksim Square, for security reasons.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F007", "text": "The Government's spokesman issued a press statement declaring that the authorities were in possession of intelligence reports which precluded them from authorising any demonstration in Taksim Square, for security reasons.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F008", "text": "The Istanbul Governor's office issued a press statement declaring that the authorities were in possession of intelligence reports which precluded them from authorising any demonstration in Taksim Square, for security reasons.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F009", "text": "The authorities held that any demonstration held in Taksim Square on 1 May 2008 would be unlawful and unconstitutional on account of possible provocations and disruption of traffic and public order.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F010", "text": "The authorities stated that they were going to shut down certain schools in the nearby districts of Taksim Square on 1 May 2008 as a security measure.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F011", "text": "The authorities stated that they were going to stop the operation of ferries and subways on 1 May 2008 as a security measure.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F012", "text": "The authorities stated that they were going to block the roads leading to Taksim Square on 1 May 2008 as a security measure.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F013", "text": "The authorities stated that they were going to deploy extra police on 1 May 2008 as a security measure.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F014", "text": "As alternative locations for the demonstration, the Istanbul Governor's office indicated four other squares: two on the European side and two on the Anatolian side of Istanbul.", "source_paragraph": 6, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F015", "text": "On 30 April 2008 the first applicant lodged a complaint against the Governor of Istanbul with the Istanbul public prosecutor.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F016", "text": "The first applicant accused the Governor of Istanbul of denying the trade unions their right to assembly in a discriminatory manner.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F017", "text": "The first applicant complained that there was no justification for denying trade unions access to Taksim Square on Labour Day, when the same location was available for other large-scale demonstrations and celebrations.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F018", "text": "The complaint lodged by the first applicant against the Governor of Istanbul was assigned investigation number 2008/20905.", "source_paragraph": 7, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F019", "text": "At approximately 6 a.m. on 1 May 2008, members of the Confederation of Progressive Trade Unions of Turkey (DİSK) and the Confederation of Public Employees' Trade Unions (KESK) began gathering in front of the DİSK headquarters located in the district of Şişli for Labour Day celebrations.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F020", "text": "At around 6.30 a.m. on 1 May 2008, the police asked the group gathered in front of the DİSK headquarters in Şişli to disperse.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F021", "text": "The police warned the group gathered in front of the DİSK headquarters in Şişli that they were acting in violation of the Assemblies and Marches Act (Law no. 2911).", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F022", "text": "The members of the group refused to disperse, arguing that they were merely waiting in front of the DİSK headquarters, which was a pedestrian area, and that they were not violating the Assemblies and Marches Act (Law no. 2911) in any way.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F023", "text": "The police proceeded to disperse the group gathered in front of the DİSK headquarters in Şişli by spraying them with pressurised water, paint and tear gas, both inside and outside the DİSK building.", "source_paragraph": 8, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F024", "text": "Similar police interventions occurred over the next couple of hours after 6.30 a.m. on 1 May 2008 with increasing intensity.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F025", "text": "Some of the demonstrators were injured as a result of the use of force by the police on 1 May 2008 in the district of Şişli.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F026", "text": "While injured demonstrators were trying to reach the nearby Şişli Etfal Hospital for medical care, they were chased by the police.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F027", "text": "While injured demonstrators were trying to reach Şişli Etfal Hospital for medical care, they were subjected to gas attacks even within the hospital premises.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F028", "text": "Some members of the DİSK were arrested on 1 May 2008.", "source_paragraph": 9, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]}, {"fact_id": "F029", "text": "At approximately 10.30 a.m. on 1 May 2008, the group of demonstrators broke up of its own accord to forestall any further violence.", "source_paragraph": 10, "section_path": ["THE FACTS", "I. THE CIRCUMSTANCES OF THE CASE"]

Fact Mapping:
{"list1": {"scope": ["F019", "F022", "F054"], "interference": ["F023", "F024", "F029"], "prescribed_by_law": ["F057", "F058", "F059"], "legitimate_aim": ["F006", "F007", "F008", "F009"], "necessity": ["F011", "F012", "F013", "F019", "F020", "F022", "F023", "F024", "F025", "F026", "F027", "F029", "F031", "F032", "F040", "F041", "F042", "F054"], "positive_obligation": []}, "list2": {"scope": ["F019", "F022", "F054"], "interference": ["F023", "F029"], "prescribed_by_law": ["F057", "F059"], "legitimate_aim": ["F009"], "necessity": ["F019", "F020", "F022", "F023", "F025", "F026", "F027", "F029", "F031", "F032", "F041", "F042", "F054"], "positive_obligation": []}, "list3": ["F019", "F020", "F023", "F025", "F027", "F029", "F032", "F041", "F054"]}

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