Communicated on 13 November 2014

SECOND SECTION

Application no. 49569/11 Gonca ÖZKEN against Turkey lodged on 27 May 2011

STATEMENT OF FACTS

The applicant, Ms Gonca Özken , is a Turkish national, who was born in 1985 and lives in Adana. She is represented before the Court by Mr H. Kendirci , a lawyer practising in Mersin.

A. The circumstances of the case

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

On 1 May 2005 the applicant participated in a demonstration concerning the problems of Kurdish people.

On 23 June 2005 she attended the reading out of a press statement and carried a poster in support of a terrorist organisation, the Turkish Communist Party/Marxist-Leninist, the TKP/ML.

On 28 July 2005 the public prosecutor filed a bill of indictment against the applicant on suspicion of her membership of the TKP/ML, pursuant to Article 314 of the Criminal Code and Article 5 of the Prevention of Terrorism Act (Law No. 3713).

On 19 September 2005 she was released pending trial.

On 20 February 2006 the Adana Assize Court with special jurisdiction found the applicant guilty of making terrorist propaganda on behalf of an illegal organization under Article 7 § 2 of the Prevention of Terrorism Act (Law No. 3713) and sentenced her to ten months ’ imprisonment and a fine of 833 Turkish liras (approximately 325 Euros).

On 12 November 2007 the Court of Cassation quashed the judgment of the first-instance court. Accordingly, the case file was remitted to the Adana Assize Court for a re-trial.

On 19 March 2008 the Adana Assize Court found the applicant guilty of membership of an illegal organization under Article 314 of the Criminal Code and sentenced her to seven years and six months ’ imprisonment.

On 22 February 2010 the Court of Cassation upheld that judgment.

On 29 April 2010 the final decision was deposited with the registry of the first-instance court.

The applicant alleged that she had never been notified of the decision of the Court of Cassation.

On 3 December 2011 the applicant was put in prison and she began serving her prison sentence.

B. Relevant domestic law

Article 314(2) of the Criminal Code reads as follows:

“Anyone who becomes a member of an (illegal) organisation mentioned in the first paragraph of this Article shall be sentenced to a term of imprisonment of from five to ten years.”

Section 7(2) of the Prevention of Terrorism Act read, at the relevant time, as follows:

“Anyone who disseminates propaganda in favour of a terrorist organisation shall be sentenced to a term of imprisonment of from one to five years.”

COMPLAINT S

The applicant complains under Article 10 of the Convention that the criminal proceedings brought against her constituted a violation of her freedom of expression .

The applicant further complains under Article 5 of the Convention that her continued remand in detention constituted a breach of her right to liberty .

QUESTION TO THE PARTIES

Has there been a violation of the applicant ’ s right to freedom of expression within the meaning of Article 10 of the Convention ( Gül and Others v. Turkey , no. 4870/02 , 8 June 2010)?