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 } .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 } EUROPEAN COURT OF HUMAN RIGHTS     116   1.3.1999   Press release issued by the Registrar   HEARING IN THE CASE OF GERGER v. TURKEY   Monday, 1 March 1999 at 2.30 p.m. .   The applicant     The case concerns an application (application no.   24919/94) brought by a Turkish national, Haluk Gerger, who was born in 1950. He lives in Ankara and is a journalist.   Summary of the facts     The applicant was sentenced by a National Security Court to one year, eight months’ imprisonment and a fine for having drafted a message that was read out at a memorial ceremony. The message was held to contain separatist propaganda against the Turkish nation and the territorial integrity of the State, contrary to section 8(1) of Law no. 3713 on the Prevention of Terrorism. The applicant served his prison sentence and paid the fine.     On 30 October 1995 Law no. 4126 came into force. Although the length of prison sentences for offences under section 8 of Law no. 3713 was reduced, the level of fines was increased and courts were required to review previously imposed sentences of their own motion. Consequently, the National Security Court reopened the applicant’s case and ultimately imposed an additional fine.   Complaints     The applicant complains that his conviction as a result of his message being read out in public amounts to a violation of his right to freedom of expression guaranteed by Article   10 of the European Convention on Human Rights. He further alleges breaches of Article 6 § 1 (fair trial) in that the National Security Court was not independent and impartial, as it included a military judge, and had not given sufficient reasons for its decision. Lastly, he maintained that the fact that the conditions for obtaining release were stricter for prisoners convicted under Law no. 3713 than for those convicted under the general law constituted a breach of Article 14 (prohibition of discrimination) taken together with Article 6 § 1.   Procedure     The application was lodged with the European Commission of Human Rights on 22   June 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 – which it considered with Article 9 (freedom of thought) – and that contrary to Article 6 § 1, the applicant’s case had not been heard by an independent and impartial tribunal (31 votes to 1). The Commission also concluded that there had been no violation of Article 14. It referred the case to the 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), ad hoc Judge , Kristaq Traja   (Albanian), Lucius Caflisch   (Swiss), 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 and Yaşar Özbek , Advisers   ;   Applicants:   Erşen Sansal , of the Ankara Bar, Counsel .   Mr Haluk Gerger will also attend to the hearing.   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