Case 256_101

256_101 interference 101. The Court further observes that, in its judgment of 20 December 2012, Diyarbakır Juvenile Court did not conduct a new examination of the facts of the case when it once again convicted the applicant of dissemination of propaganda in support of a terrorist organisation and resistance to security forces. Nor did it provide reasoning for the applicant’s re-conviction of these charges. The Court therefore finds that Diyarbakır Juvenile Court adhered to the conclusions of Diyarbakır Assize Court regarding the assessment of the evidence and the establishment of the facts of the applicant’s case. Besides, the judgment of 20 December 2012 did not acknowledge or provide redress for the alleged breach of the applicant’s freedom of assembly on account of the applicant’s original convictions for having disseminated propaganda in support of the PKK and having resisted to the police. Thus, in the Court’s view, the re-assessment of the applicant’s convictions and sentences as well as the application of Article 231 of Law no. 5271 did not deprive the applicant of victim status. What is more, the juvenile court’s judgment also had a deterrent effect on the applicant’s future exercise of his right guaranteed under Article 11, since the pronouncement of the applicant’s convictions under section 7(2) of Law no. 3713, sections 33(1), 32(1) and (2) of Law no. 2911 and Article 265 § 1 of the Criminal Code was suspended on condition that he did not commit another wilful offence and any failure on the applicant’s part to comply with that condition would lead to the pronouncement of these convictions and the execution of the sentences (see paragraphs 36-39 and 52 above and compare Erdoğdu, cited above, § 72; Aslı Güneş v. Turkey, no. 53916/00, § 21, 27 September 2005; Ulusoy, cited above, §§ 32-35; İsak Tepe v. Turkey, no. 17129/02, § 14, 21 October 2008; Lütfiye Zengin and Others, cited above, §§ 44 and 58).