CEDH · CASELAW;COMMUNICATEDCASES;ENG — 13 juin 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s6B505E72 { margin:0pt; padding-left:0pt } .sF5E7BCB7 { margin-top:14pt; margin-left:7.1pt; margin-bottom:3pt; text-indent:14.2pt; text-align:justify; font-family:Arial; list-style-position:inside } .sD15D84B7 { margin-top:14pt; margin-left:47.21pt; margin-bottom:3pt; text-align:justify; padding-left:2.99pt; font-family:Arial } .sFBC99493 { font-style:italic } Published on 1 July 2024   SECOND SECTION Application no. 41333/21 Mahmut ÇOBAN against Türkiye lodged on 12 August 2021 communicated on 13 June 2024   SUBJECT MATTER OF THE CASE The application concerns criminal proceedings conducted against the applicant on charges of his membership of a terrorist organisation, namely FETÖ/PDY ( Fetullahist Terror Organisation/Parallel State Structure ), which resulted in his conviction to 6 years and 3 months’ imprisonment pursuant to Article 314 § 2 of the Criminal Code. The conviction was based on the testimonies of the prosecution witnesses, stating that the applicant was participating in organisational meetings ( sohbet ) and donating financial contributions ( himmet ) to the organisation. One of the witnesses was heard during the hearing via the audiovisual information system “SEGBIS” ( Ses ve Görüntü Bilişim Sistemi ). The other two were heard by other courts as per the letter of request issued by the trial court, their testimonies were then sent to the latter and read out during the hearing. Relying on Article 6 § 1 of the Convention, the applicant claims that he was neither given the opportunity to challenge the content of the witness testimonies nor allowed to call witnesses. He further complains that he was not able to question the witnesses in person. He alleges in this regard that the proceedings breached the principles of equality of arms and adversarial proceedings. The applicant also complains under Article 7 of the Convention that he was convicted on the basis of acts that did not constitute a crime, due to an extensive and arbitrary interpretation of the relevant laws.   QUESTIONS TO THE PARTIES Did the applicant have a fair hearing in the determination of the criminal charge against him, in accordance with Article 6 § 1 of the Convention? In particular: Were the principles of equality of arms and an adversarial hearing respected during the criminal proceedings brought against the applicant ( Borisova v. Bulgaria , no. 56891/00, §§   47-48, 21   December 2006, and Topić v. Croatia , no. 51355/10, §§   40-49, 10   October 2013)? Was the applicant able to examine the prosecution witnesses as required by Article 6 §§ 1 and 3 (d) of the Convention (see Al‑Khawaja and Tahery v.   the United Kingdom [GC], nos.   26766/05 and 22228/06, §§ 118-147, ECHR   2011; Schatschaschwili v.   Germany [GC], no. 9154/10, §§   100-131, ECHR   2015; Ürek and Ürek v.Turkey , no. 74845/12, § 49, 30   July 2019, and Süleyman v.   Turkey , no. 59453/10, §§   61-66, 17   November 2020)? Was the applicant’s conviction for membership of a terrorist organisation compatible with the requirements of Article 7 of the Convention having regard to the acts on which his conviction was based (see, in particular, mutatis mutandis , Yüksel Yalçınkaya v.   Türkiye [GC], no.   15669/20, §§ 214-272, 26   September 2023)?