Communicated on 18 January 2017

SECOND SECTION

Application no. 21196/12 Hüseyin KALKAN against Turkey lodged on 5 April 2012

STATEMENT OF FACTS

The applicant, Mr Hüseyin Kalkan , is a Turkish national who was born in 1962 and lives in Batman. He is represented before the Court by Mr E. Şenses , a lawyer practising in Batman.

The facts of the case, as submitted by the applicant, may be summarised as follows.

At the time of the events giving rise to the present application, the applicant was the mayor of Batman.

On 12, 19 and 23 March, 30 May and 1 June 2006 the applicant made various statements and gave interviews to the press.

On 14 June and 4 September 2006 the Diyarbak ı r public prosecutor filed two indictments with the Diyarbak ı r Assize Court charging the applicant with disseminating propaganda in favour of an illegal organisation under Article 220 § 8 of the Criminal Code, on account of the content of the aforementioned statements and interviews.

On 14 February 2008 the Diyarbak ı r Assize Court convicted the applicant for disseminating propaganda in favour of the PKK, an illegal armed organisation , under section 7(2) of the Prevention of Terrorism Act (Law no. 3713) and sentenced him to ten months ’ imprisonment. In its judgment, the Assize Court noted that the applicant had made the following statement concerning Abdullah Ö calan , the leader of the PKK:

“Abdullah Ö calan is the people ’ s leader. He is the leader of the Kurdish people. The Kurdish people chose their leader at the recent referendum.”

The Assize Court considered that in his statement the applicant had given support for the campaign “Abdullah Öcalan represents our political will”, which had been started by the PKK.

The Diyarbakır Assize Court also noted that the applicant had contended that PKK members had become members of that organisation for a particular purpose. According to the court, the applicant had attempted by that statement to legitimise the activities of the PKK. The Diyarbakır Assize Court concluded that the applicant had praised an illegal organisation and its leader and had encouraged others to take part in terrorism.

The applicant appealed.

On 22 November 2011 the Court of Cassation upheld the the Diyarbak ı r Assize Court ’ s judgment of 14 February 2008.

On an unspecified date the applicant started serving his prison sentence.

On 5 July 2012 a new law (Law n o. 6352) entered into force which amended various other laws with a view to suspending proceedings and sentences given in cases concerning crimes committed through the press, media and similar means of expression of opinion.

On 9 July 2012, upon application by the applicant, the Diyarbakır Assize Court ordered a stay of execution of the applicant ’ s sentence, in accordance with section 105 of Law no. 6352.

COMPLAINTS

The applicant complains under Article 10 of the Convention that his criminal conviction under section 7(2) of Law no. 3713 constituted a violation of his right to freedom of expression.

QUESTION TO THE PARTIES

Has there been a violation of the applicant ’ s right to freedom of expression, protected by Article 10 of the Convention, on account of his conviction under section 7(2) of the Prevention of Terrorism Act (Law no. 3713)?