CEDH · PRESS;GENERAL;ENG — 3 septembre 2002

.s800EAC49 { font-size:12pt } .s5FFF0A77 { margin-top:0pt; margin-bottom:0pt; font-size:1pt } .sBB9EE52A { font-family:Arial } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s94935B0F { width:389.85pt; display:inline-block } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .sADADF4A7 { font-family:Arial; text-decoration:underline } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s3964C3A3 { width:1.36pt; display:inline-block } .s901C2590 { width:56.7pt; display:inline-block }   EUROPEAN COURT OF HUMAN RIGHTS     407   3.9.2002   Press release issued by the Registrar   CHAMBER JUDGMENT CONCERNING Turkey   The European Court of Human Rights has today notified in writing the following Chamber judgment, which is final: (The judgment is available only in French.)   Chamber (Section 2)     Mehmet Bayrak v. Turkey (application no. 27307/95) The applicant, Mehmet Bayrak, is a Turkish national, born in 1949 and resident in Germany.   He was convicted three times by the Ankara National Security Court of spreading separatist propaganda, on account of three books with Kurdish themes he had written or published. On all three occasions the publications concerned were seized.   Having originally convicted him in accordance with section 8 of the Prevention of Terrorism Act (Law no. 3713), the National Security Court reopened the file on each case after that provision was amended by Law no. 4126, promulgated on 27 October 1995.   For publishing a book entitled “Kurdish Popular Songs” ( Kürt halk türküleri ), Mr Bayrak was sentenced on 17 November 1995 to one year’s imprisonment and a fine of 100 million Turkish liras (TRL). On the same date, for publishing “Contemporary Kurdish Poetry” ( Çağdaş kürt destanları ), the applicant was fined TRL 50 million and the six months’ imprisonment to which he had originally been sentenced was commuted to a fine of TRL   900,000. Lastly, in a judgment of 3 June 1996, the Court of Cassation upheld the applicant’s sentence of one year’s imprisonment and a fine of TRL 100 million for publishing “The Kurds and their democratic and national struggle” ( Kürtler ve ulusal demokratik mücadeleleri ).   Relying on Article 10 of the European Convention on Human Rights, among other provisions, the applicant complained of interference with his right to freedom of expression.   The case has been struck out of the Court’s list following a friendly settlement under the terms of which the applicant is to receive 11,000 euros for damage and for his costs and expenses.   In addition, the Turkish Government made the following declaration: “The judgments against Turkey rendered by the Court in cases concerning prosecutions under Article 312 of the Criminal Code or the provisions of the Prevention of Terrorism Act clearly show that Turkish law and practice must as a matter of urgency be brought into conformity with the requirements of Article 10 of the Convention. That is further evidenced by the interference complained of in the instant case.   The Government accordingly undertake to make all the necessary changes to domestic law and practice in this field, as set out in the National Programme of 24 March 2001.   The Government further refer to the individual measures mentioned in the Interim Resolution adopted by the Committee of Ministers of the Council of Europe on 23 July 2001 (ResDH(2001)106), which they will implement in circumstances like those of the instant case.”   ***   This summary by the Registry does not bind the Court. The Court’s judgments are accessible on its Internet site ( http://www.echr.coe.int ).   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contacts:   Roderick Liddell (telephone: (0)3 88 41 24 92)   Emma Hellyer (telephone: (0)3 90 21 42 15) Fax: (0)3 88 41 27 91   The European Court of Human Rights was set up in Strasbourg in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. On 1 November 1998 a full-time Court was established, replacing the original two-tier system of a part-time Commission and Court.