SECOND SECTION

Application no. 22112/12 Kemal AKTAÅž and others against Turkey lodged on 13 March 2012

STATEMENT OF FACTS

A list of the applicants is set out in the appendix.

A. The circumstances of the case

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

On 21 March 2006 the applicants attended the Newroz celebration in Silopi , district of Şırnak . The applicant, Kemal Akta ş , Hacı Üzen , Mesut Asan and Sabriye Burumtekin made a speech concerning the problems of Kurdish people. Add itionally, the applicant Hasan Ere n carried a poster of Abdullah Öcalan during the Newroz celebrations.

On 6 April 2006 criminal proceedings were brought against the applicants by the Silopi Public Prosecutor. On various dates, Hacı Üzen , Mesut Asan , Sabriye Burumtekin and Hasan Eren were plac ed in detention by the Silopi Magistrates ’ Court.

On 12 July 2006 the applicants were released pending trial.

On 6 March 2008 the Diyarbakı r Assize Court with special jurisdiction, which replaced the Silopi Assize Court, found the applicants guilty of the offence of making terrorist propaganda on behalf of an illegal organisatio n under Article 7 § 2 of the Prevention of Terrorism Act . The Diyarbak ır Assize Court sentenced Hasan Eren to ten months ’ imprisonment and the remaining applicants to two years and one month ’ s imprisonment.

On 22 September 2011 the Court of Cassation upheld this judgment .

B. Relevant domestic law

A full description of the relevant domestic law may be found in Faruk Temel v. Turkey ( no. 16853/05 , §§ 43-64, 1 February 2011 ).

COMPLAINT

The applicants contend under Article 10 of the Convention that the institution of criminal proceedings against them constituted an unjustified interference with their right to freedom of expression .

QUESTION TO THE PARTIES

Has there be en a violation of the applicant s ’ right to freedom of expression within the meaning of Article 10 of the Convention (see Faruk Temel v. Turkey, no. 16853/05 , 1 February 2011 )?

Appendix