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).