CEDH · PRESS;GENERAL;ENG — 1 mars 1999

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s94935B0F { width:389.85pt; display:inline-block } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sACBC61AB { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } .s76CF415B { page-break-before:always; clear:both } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s83BE5C30 { font-family:Arial; font-size:8pt; vertical-align:super } .sF9A986A5 { width:12.2pt; display:inline-block } .sB9D5CABB { width:28.35pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS     114   1.3.1999   Press release issued by the Registrar   HEARING IN THE CASE OF ARSLAN v. TURKEY   Monday, 1 March 1999 at 9 a.m.     The applicant     The case concerns an application (application no.   23462/94) brought by a Turkish national, Günay Arslan, who was born in 1960 and lives in Istanbul.   Summary of the facts     The applicant is the author of a book entitled “History in mourning, 33 bullets” ( Yas Tutan Tarih, 33 Kurşun) which is about the Kurdish problem in Turkey and in particular contains an account of events which took place in Van, in the south-east of the country. A first edition was published in December 1989 and a second edition in July 1991. The work has a preface attributed to Musa Anter.   Considering that statements made throughout the book as a whole – in particular the preface – constituted separatist propaganda based on racial considerations intended to undermine patriotic sentiment within the meaning of Article 142 § 3 of the Criminal Code, the Istanbul National Security Court sentenced Mr Arslan to six years, three months’ imprisonment and ordered the book’s confiscation (judgment of 29 March 1991). As a result of the repeal of Article 142 of the Criminal Code by Law no. 3713 on the Prevention of Terrorism (which came into force on 12 April 1991, the National Security Court set aside Mr   Arslan’s conviction and ordered the return of the copies of the book that had been confiscated (further judgment of 3 May 1991).   A second edition of the book was published on 21 July 1991. In a judgment of 28   January 1993, the Istanbul National Security Court sentenced Mr Arslan to one year, eight month’s imprisonment and a fine of 41,666,666 Turkish liras for propaganda against ‘the indivisible integrity of the State” within the meaning of section 8(1) of Law no. 3713. The applicant’s appeals to the same court and subsequently to the Court of Cassation were dismissed.   Complaints     The applicant complains that his conviction under section 8(1) of Law no. 3713 amounts to an unlawful interference with his right to freedom of thought and expression and relies in that connection on Articles 9 and 10 of the European Convention on Human Rights. He further maintains that, in breach of Article 14 of the Convention taken together with Article 10, he has been a victim of discrimination on the basis of his Kurdish origin and his political opinions. He also contends that he did not have a fair hearing before the Istanbul   National Security Court and that Article 6 § 1 of the Convention has been infringed in two respects: firstly, he was convicted twice of the same offence and, secondly, the court could not be said to have been independent and impartial as one of its three members was a military judge.   Procedure     The application was lodged with the European Commission of Human Rights on 7   January 1994. Having found the application admissible, the Commission adopted a report on 11 December 1997 in which it expressed the opinion that there had been a violation of Article   10 of the Convention (30 votes to 2) and that no separate issue arose under that provision taken together with Article 14. It referred the case to the old Court on 17 March 1998.   Composition of the Court     Under the transitional provisions of Protocol No. 11 to the Convention, the case was transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol, on 1 November 1998. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber   (Swiss), President , Elisabeth Palm   (Swedish), Antonio Pastor Ridruejo   (Spanish), Giovanni Bonello   (Maltese), Jerzy Makarczyk   (Polish), Pranas Kūris   (Lithuanian), Jean-Paul Costa   (French), Françoise Tulkens   (Belgian), Viera Strážnická   (Slovakian), Marc Fischbach   (Luxemburger), Volodymyr Butkevych   (Ukrainian), Josep Casadevall   (Andorran), Hanne Sophie Greve   (Norwegian), András Baka   (Hungarian), Rait Maruste   (Estonian), Snejana Botoucharova   (Bulgarian), Judges , Mr   Feyyaz Gölcüklü   (Turkish), Judge ad hoc ,   and also Michele de Salvia , Registrar and Paul Mahoney , Deputy Registrar .   Representatives of the parties   Government   : Durmuş Tezcan and Münci Özmen , agents ; Bilal Çalışkan , Gülhan Akyüz ,   Alev Günyaktı , Fırat Polat ,   Ayşen Emüler ,   Işık Batmaz Keremoğlu , Basri Yıldız and   Yaşar Özbek , advisers   ;   Applicants:   Hasip Kaplan , of the Istanbul Bar, counsel .     The European Commission of Human Rights will be represented by Hans Danelius assisted by Marie-Thérèse Schoepfer .     After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.     Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Roderick Liddell Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91