SECOND SECTION

Application no. 43452/12 Ahmet DAÄžTEKÄ°N against Turkey lodged on 13 June 2012

STATEMENT OF FACTS

The app licant, Mr Ahmet Dağtekin , is a Turkish national, who was born in 1960 and lives in Şanl ı urfa . He is represented before the Court by Ms K. Yılmaz and Ms R. Yalc ı nda ğ Baydemir , both lawyers practising in Diyarbakır.

A. The circumstances of the case

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

T he applicant was the deputy mayor of Ceylanp ı nar district in Şanlıurfa at the time of the events .

On 21 July 2004 the applicant made a speech concerning the general problems of Kurdish people and praised the imprisoned leader of the PKK (Kurdish Workers ’ Party, an illegal organisation ) , by using the honor ary term “ sayın ”, meaning esteemed .

Subsequently, criminal proceedings were brought against the applicant by the Suru ç Public Prosecutor. On 23 September 2008 the Diyarbakır Assize Court found the applicant guilty of the offence of making terrorist propaganda on behalf of an illegal organisation , the PKK, under Article 7 § 2 of the Prevention of Terrorism Act , and sentenced him to one year ’ s imprisonment.

On 19 December 2011 the Court of Cassation upheld the first-instance court ’ s judgment.

B. Relevant domestic law

A full description of the relevant domestic law may be found in Faruk Temel v. Turkey , no. 16853/05, §§ 26-27, 1 st February 2011 .

COMPLAINT

The applicant contended under Article 10 of the Convention that the institution of criminal proceedings against him for making a speech constituted an unjustified interference with his right to freedom of expression .

ITMarkFactsComplaintsEND

QUESTION TO THE PARTIES

Has there been a violation of the applicant ’ s right to freedom of expression, in particular his right to impart ideas, within the meaning of Article 10 of the Convention? ( see Faruk Temel v. Turkey , no. 16853/05, 1 st February 2011 )?