CEDH · PRESS;GENERAL;ENG — 5 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 } .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 } .sB9D5CABB { width:28.35pt; display:inline-block } EUROPEAN COURT OF HUMAN RIGHTS     126   5.3.1999   Press release issued by the Registrar   HEARING IN THE CASES OF KARATAŞ v. TURKEY AND POLAT v. TURKEY   Friday, 5 March 1999 at 9 a.m.     The applicants     The case concerns applications (application nos. 23168/94 and 23500/94) brought by two Turkish nationals: Hüseyin Karataş, who was born in 1963 and is a psychologist living in Istanbul, and Edip Polat, who was born in 1962 and is a writer living in Diyarbakır.   Summary of the facts   Each of the applicants was sentenced in a National Security Court to a term of imprisonment and a fine for written work held to contain separatist propaganda against the Turkish nation and the territorial integrity of the State, contrary to section 8(1) of the Anti-Terror Law no. 3713. They served their prison sentences and paid the fines.   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. Consequently, the National Security Court reopened the applicants’ cases and ultimately imposed additional fines.   Complaints     The applicants complain that their conviction for publishing their work amounts to a violation of their right to freedom of expression guaranteed by Article 10 of the European Convention on Human Rights. In this connection, Mr Karataş also relies on Article 9 (freedom of thought). They also maintain that the National Security Courts cannot be regarded as independent and impartial courts within the meaning of Article 6 § 1, as they include a military judge. Lastly, they complain of a breach of Article 7 of the Convention (no punishment without law) in that Law no. 4126 was applied with retrospective effect in their cases.   Procedure     Mr Karataş’s application was lodged with the European Commission of Human Rights on 27 August 1993. Mr Polat’s application was lodged on 18 November 1993. Having found the applications admissible, the Commission adopted two reports on 11 December 1997 in which it expressed the opinion that there had been a violation of Article 10, considered together with Article 9 (26 votes to 6 in Mr Karataş’s case and 31 votes to 1 in Mr   Polat’s). It also considered that there had been a violation of Article 6 § 1 in Mr Karataş’s case (31 votes to 1). It referred the cases 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 , Kristaq Traja   (Albanian), Lucius Caflisch   (Swiss), Willi Fuhrmann   (Austrian), Substitute judges ,   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: Gülizâr Tuncer, representing Mr Karataş, and Kâzım Bayraktar , representing Mr Polat, 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