Communicated on 11 December 2017

SECOND SECTION

Application no. 51508/08 Fatih TAÅž against Turkey lodged on 22 September 2008

SUBJECT MATTER OF THE CASE

The application concerns the criminal proceedings brought against the applicant under section 7(2) of the Prevention of Terrorism Act (Law no. 3713) for disseminating propaganda in favour of the PKK, an illegal armed organisation.

At the time of the events giving rise to the present application, the applicant was the owner and the editor-in-chief of a publishing house, Aram Basım ve Yayıncılık . In 2003 he published a book entitled “Marching towards Tomorrow – Memoirs of Guerrillas –III” (“ Yar ı nlara Yol Almak – Gerilla An ı lar ı III ”). Copies of the book were seized and criminal proceedings were brought against the applicant on account of the content of the book. In 2004 and 2007 the applicant was convicted twice by the first-instance courts on the ground that the content of the book as a whole constituted propaganda in favour of the PKK. The courts considered that the armed clashes between the members of the PKK and the security forces were praised and the PKK members were presented as heroes in the book. Both judgments were quashed by the Court of Cassation and in 2010 the proceedings against the applicant were terminated because the prosecution became time-barred.

The applicant relies on Article 10 of the Convention.

QUESTION tO THE PARTIES

Has there been a violation of the applicant ’ s right to freedom of expression, contrary to Article 10 of the Convention, on account of the criminal proceedings brought against him before the Istanbul State Security Court and subsequently the Istanbul Assize Court under section 7 § 2 of the Prevention of Terrorism Act (files nos. 2003/99 and 2007/47 respectively)?