CEDH · PRESS;HEARINGS;ENG — 10 novembre 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 } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .sD35C6159 { width:1.54pt; display:inline-block } .sF9A986A5 { width:12.2pt; display:inline-block } .sCB27B9E { width:16.66pt; display:inline-block } .sC5412BEF { width:51.05pt; display:inline-block } .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     629   10.11.99   Press release issued by the Registrar   HEARING IN THE CASE OF ERSÖZ and OTHERS v. TURKEY   Wednesday, 10 November 1999, at 2.30 p.m.   The applicants   The case concerns four applicants (application no. 23144/93). The first, Gurbetelli Ersöz, was a Turkish national born in 1965 who died in the autumn of 1997. The second and third, Fahri Ferda Çetin and Yaşar Kaya, were born in 1960 and 1938 and are Turkish nationals living in Istanbul. The fourth, Ülkem Basin ve Yayincilik Sanayi Ticaret Limited, is a company based in Istanbul. The third and fourth applicants owned the newspaper Özgür Gündem . The first applicant was the editor and the second applicant the assistant editor-in-chief of the newspaper.   Summary of the facts   Özgür Gündem was a daily newspaper published in İstanbul from 30 May 1992 with a national circulation of some thousand copies and a further international circulation. It was, according to the applicants, a Turkish language newspaper seeking to reflect Turkish Kurdish opinion. The applicants submit that, until closure of the newspaper in April 1994, there was an unremitting campaign of grave violations of human rights designed to force it to cease publication. Similar attacks followed on its successor, Özgur Ülke . This campaign involved killings, disappearances, injuries and ill-treatment of journalists and distributors, threats and the use of violence, threatened and actual prosecutions, seizures and confiscation of editions of the newspaper and the imposition of heavy fines. The applicants submit that these attacks were instigated, condoned and encouraged by State authorities, which failed to provide protection or take effective steps to investigate the incidents.   The Turkish Government submits that Özgur Gündem acted as a propaganda tool for the PKK. It maintains that certain editions of the newspaper were legitimately restricted in order to prevent direct incitement to violence. Regarding the criminal incidents against the workers of the newspaper, these were the consequence of terrorist acts by unknown perpetrators. All necessary and appropriate steps were taken by the authorities in respect of any reported unlawful acts.   Complaints   The applicants complain under Article 10 of the European Convention on Human Rights that there has been a deliberate and unjustified interference with their freedom of expression due to measures and incidents relating to Özgur Gündem and to people connected with the newspaper. They complain under Article 1 of Protocol No. 1 that the measures implemented in relation to Özgur Gündem violated the third and fourth applicants’ peaceful enjoyment of their possessions. They further complain under Article 14 that they have been subject to discrimination in the enjoyment of their freedom of expression and peaceful enjoyment of their possessions. Procedure   The application was lodged with the European Commission of Human Rights on 9 December 1993. Having declared the application admissible, the Commission adopted a report on 29 October 1998. The Commission decided unanimously not to continue the examination of the application concerning Gurbetelli Ersöz, who had died since the case was declared admissible, as no information had been received from her heirs or relatives asking for her complaints to be pursued. The Commission expressed the opinion unanimously that there had been a violation of Article 10 of the Convention, unanimously that it was not necessary to decide whether there had been a violation of Article 1 of Protocol No. 1 and by fifteen votes to two that there had been no violation of Article 14. The Commission referred the case to the Court on 24 March 1999.   Composition of the Court   The case will be heard by a Chamber composed as follows: Matti Pellonpää (Finnish), President , Georg Ress (German), José Antonio. Pastor Ridruejo (Spanish), Lucius Caflisch [1] (Swiss), Jerzy Makarczyk (Polish), Nina Vajić (Croatian), Judges, Feyyaz Gölcüklü (Turkish), ad hoc Judge, Volodymyr Butkevych (Ukrainian), John Hedigan (Irish), Snejana Botoucharova (Bulgarian), Substitute Judges ,   and also Vincent Berger , Section Registrar .   Representatives of the parties   Government:   Münci Özmen, Co-Agent; Firat Polat , Bilal Çalişkan , Meltem Gülşen, Erdoğan Genel , Fuat Güney , Cengiz Aydin, Advisers   Applicants:   William Bowring, Osman Ergin , Counsel; Kerim Yildiz, Adviser .   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   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. [1] Elected as the judge in respect of Liechtenstein.