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 } .s235368F8 { width:411.1pt; display:inline-block } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s23A41E03 { width:36pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sE0372AB5 { width:21.8pt; text-indent:0pt; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .sACBC61AB { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } .sF95AF3A7 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:11.5pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s76B5628B { font-family:Arial; font-size:7.67pt; vertical-align:super; color:#0069d6 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sD35C6159 { width:1.54pt; display:inline-block } .s85436119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:13pt } .s4B4B41EE { font-family:Arial; font-size:12pt } .sF9A986A5 { width:12.2pt; display:inline-block } .s8408AAD1 { font-family:Arial; font-size:12pt; font-weight:bold } .s927039E3 { font-family:Arial; font-size:12pt; font-weight:bold; font-style:italic } .s20FC8552 { font-family:Arial; font-size:11.5pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } EUROPEAN COURT OF HUMAN RIGHTS     117 1.3.1999   Press release issued by the Registrar   HEARING IN THE CASE OF ERDOĞDU AND İNCE v. TURKEY   Monday, 1 March 1999 at 2.30 p.m.     The applicants     The case concerns applications (application no.   25067/94) and brought by two Turkish nationals, Ümit Erdoğdu, a journalist who was born in 1970 and lives in Istanbul, and Selami İnce, a journalist who was born in 1966 and lives in Ankara. At the time, Mr Erdoğdu was the editor of the monthly review Demokrat Muhalefet! (Democratic Opposition!), published in Istanbul. In the January 1992 issue of the review an interview which Mr İnce had conducted with a Turkish sociologist was published.   Summary of the facts     In an indictment dated 23 March 1992, the Public Prosecutor at the Istanbul State Security Court charged the applicants, under Article   8 of the Anti-Terror Law, with disseminating propaganda against the indivisibility of the State by publishing the interview. In its judgment dated 12 August 1993 the State Security Court found the applicants guilty as accused. Mr Erdoğdu was convicted, as the editor, of “propaganda aimed at undermining the indivisible unity of the nation” under Article 8 § 2 of the Anti-Terror Law and was sentenced to five months’ imprisonment and a fine of 41,666,666 Turkish liras (“TRL”). Mr İnce was convicted, as the author of the interview, of the same offence under Article   8 §   1 of the Anti-Terror Law and was sentenced to one year and eight months’ imprisonment and a fine of TRL 41,666,666. The applicants unsuccessfully appealed to the Court of Cassation.     Subsequent to the amendments made to the Anti-Terror Law by Law No.   4126 of 27 October 1995, the Istanbul State Security Court re-examined the applicants’ case. On 15   December 1995 the court maintained Mr Erdoğdu’s sentence. Mr İnce’s sentence was set at one year, one month and ten days’ imprisonment and a fine of TRL   111,111,110. The execution of the sentences was suspended. Upon the applicants’ successful appeals to the Court of Cassation, on 9 September 1997 the State Security Court held a further hearing in the case. It decided to defer the imposition of a final sentence upon Mr   Erdoğdu and to maintain Mr İnce’s conviction and sentence, the execution of which was, however, suspended. Complaints     Relying on Articles 10 (freedom of expression) and 7 (no punishment without law) of the European Convention on Human Rights, the applicants complain that their convictions on account of the publication of an interview constituted unjustified interferences with their freedom of expression and that their convictions were not foreseeable as the relevant provision of the Anti-Terror Law was not sufficiently clear.   Procedure     The applications were lodged with the European Commission of Human Rights on 20 August 1994. Having found the applications admissible, the Commission adopted a report on 11 December 1997 in which it expressed the opinion (by thirty-one votes to one) that there had been a violation of Article   10 and (unanimously) that there had been no violation of Article 7.   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 , Feyyaz Gölcüklü   (Turkish), ad hoc Judge , Kristaq Traja   (Albanian), Lucius Caflisch   (Swiss) [1] , Willi Fuhrmann   (Austrian), Substitute Judges ;   and also Paul Mahoney , and Maud de   Boer-Buquicchio , Deputy Registrars .   Representatives of the parties   Government:   Durmuş Tezcan , Agent , Münci Özmen , Co-Agent , Bilal Çalışkan , Gülhan Akyüz , Alev Günyaktı , Fırat Polat , Ayşen Emüler , Işık Batmaz Keremoğlu , Basri Yıldız , Yaşar Özbek , advisers ;   Applicants:   Erşen Sansal , of the Ankara Bar, C ounsel .     The European Commission of Human Rights will be represented by Daniel Šváby, 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   [1] Judge in respect of Liechtenstein.