Case 256_98
256_98 interference
98. The Court must secondly address the issue of the applicant’s “victim
status” under this head. In this connection, the Court observes that the
applicant was convicted under Article 314 § 2 of the Criminal Code, on the
basis of Articles 220 § 6 and 314 § 3 of the same Code; section 7(2) of Law
no. 3713; and sections 23(b) and 33(c) of Law no. 2911 by the judgment of
Diyarbakır Assize Court and sentenced to a total of seven years and six
months’ imprisonment. This judgment was upheld by the Court of Cassation
on 6 October 2009 (see paragraphs 18-25 above). Subsequent to the entry
into force of Law no. 6008, the applicant was released from prison on
25 July 2010 and a re-assessment of the applicant’s convictions and
sentences was carried out by Diyarbakır Juvenile Court. The Juvenile Court
rendered its judgment on 20 December 2012, acquitting the applicant of the
charges brought against him under Article 314 § 2 of the Criminal Code
and convicting him 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
(see paragraphs 35-40 above). The court also decided to suspend the
pronouncement of the judgment with regard to the applicant’s convictions
under the aforementioned provisions for a period of three years in
accordance with Article 231 of Law no. 5271 and section 23 of Law
no.