Last Updated on April 24, 2019 by LawEuro
Communicated on 23 January 2019
SECOND SECTION
Application no. 4592/12
Muhammed Fatih DEMIRTAŞ
against Turkey
lodged on 15 December 2011
SUBJECT MATTER OF THE CASE
At the time of the events giving rise to the present application, the applicant was a member and the president of an association in Elazığ, Turkey.
The application concerns the alleged breaches of the applicant’s rights under Articles 10 and 11 of the Convention on account of his criminal conviction on the basis of acts that allegedly fell within the ambit of those articles.
The application further concerns the alleged unfairness of the criminal proceedings against the applicant due to lack of sufficient reasons provided by the domestic courts in their judgments, by which the applicant was convicted for being a leader of a “terrorist organisation” under Article 314 § 1 of the Criminal Code and sentenced to ten years’ imprisonment.
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention? In particular, were sufficient reasons given for the applicant’s conviction (see Vetrenko v. Moldova, no. 36552/02, § 55, 18 May 2010, and Ajdarić v. Croatia, no. 20883/09, § 51, 13 December 2011)?
2. Has there been a violation of the applicant’s rights under Articles 10 and 11 of the Convention on account of his criminal conviction on the basis of acts that allegedly fell within the ambit of those articles?
The Government are invited to submit copies of all the relevant documents concerning the applicant’s case, including but not limited to the minutes of all the hearings, documentary evidence against the applicant, and the written submissions of the applicant and his lawyer throughout the proceedings.
Leave a Reply