CEDH · PRESS;HEARINGS;ENG — 1 mars 1999

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TURKEY   Monday, 1 March 1999 at 9 a.m.     The applicant     The case concerns an application (application no.   26682/95) brought by Kamil Tekin Sürek, a Turkish national. Mr Sürek, who was born in 1957 and lives in Istanbul, was at the time of the events giving rise to his application the publisher of a weekly review Haberde Yorumda Gerçek (The Truth of News and Comments).   Summary of the facts     On 30 August 1992 two articles appeared in the applicant’s review which were both highly critical of the conduct of government policy towards the Kurdish people in south-east Turkey. The applicant was charged with disseminating propaganda against the indivisibility of the State contrary to section 8 of the 1991 Anti-Terror Law. He was tried before the Istanbul State Security Court, which, in a judgment dated 12 April 1993, found him guilty and sentenced him to a fine. On 26 November 1993 the Court of Cassation upheld the applicant’s appeal and remitted the case back to the Istanbul State Security Court for a retrial. In its judgment of 12 April 1994 the applicant was again found guilty of the offence under section 8 of the 1991 Law. However the court reduced the original fine. On 30 September 1994 the Court of Cassation upheld the verdict of the Istanbul State Security Court.   Complaints     The applicant complains that his conviction and sentence constituted an unjustified interference with his right to freedom of expression guaranteed under Article 10 of the European Convention on Human Rights and, further, that he was denied a fair trial before an independent and impartial tribunal in breach of Article 6 § 1 of the Convention.   Procedure     The application was lodged with the European Commission of Human Rights on 20   February 1995. Having found the application admissible, the Commission adopted a report on 11 December 1997 in which it expressed the opinion that there had been no violation of Article 10 (nineteen votes to thirteen) but that there had been a violation of Article 6 § 1 (thirty-one votes to one). 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 , 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 , and Münci Özmen , co-Agent ,   Bilal Çalışkan , Gülhan Akyüz , Alev Günyakti , Fırat Polat ,   Ayşen Emüler , Işık Batmaz Keremoğlu , Basri Yildiz ,   Yaşar Özbek, Advisers ;   Applicant:   Hasip Kaplan , of the Istanbul Bar, counsel .     The European Commission of Human Rights will be represented by Hans Danelius, Delegate .     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.