CEDH · CASELAW;COMMUNICATEDCASES;ENG — 10 septembre 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA36B60A1 { font-family:Arial; font-style:italic } .s7ED160F0 { text-decoration:none } .s33165EBA { font-family:Arial; font-size:8pt; vertical-align:super; color:#0069d6 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s6B505E72 { margin:0pt; padding-left:0pt } .sA56BACAB { font-family:Arial; font-weight:bold; list-style-position:inside } .s13783063 { width:6.24pt; font:7pt 'Times New Roman'; display:inline-block } .s3537C2D6 { font-weight:normal } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s3133A7C8 { font-family:Arial; color:#0069d6 }   Communicated on 10 September 2018   SECOND SECTION Application no. 40884/07 Mehmet KILINÇ and others against Turkey lodged on 3 September 2007 SUBJECT MATTER OF THE CASE The application concerns the applicant’s right to notification of the right to a lawyer and the right to remain silent and privilege against self-incrimination before his “preliminary interview” by the police and the subsequent admission by the trial court into evidence of statements made in the course of that interview (see Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, §§ 295-311, ECHR 2016; and compare Schmid-Laffer v. Switzerland , no. 41269/08, § 39, 16 June 2015). It further concerns the applicant’s rights under Article 10 of the Convention in so far as his conviction concerns his involvement in the petition campaign entitled “I, as a native of Kurdistan, consider and accept Sayın [1] Abdullah Öcalan as a political will in Kurdistan”. QUESTIONs tO THE PARTIES 1.     Did the applicant have a fair hearing in the determination of the criminal charges against himself, in accordance with Article 6 § 1 of the Convention? In particular, when did the guarantees of Article 6 of the Convention start applying to the applicant in the instant case?   (a)     Was the applicant informed of his basic rights such as the right to remain silent and the right to a lawyer before his “preliminary interview” by the police at approximately 1.30 p.m. on 2 March 2006 (see, mutatis mutandis , Titarenko v. Ukraine , no. 31720/02, § 87-88, 20   September 2012)?   (b)     Was the applicant informed of his basic rights such as the right to remain silent and the right to a lawyer before his “house search” by the police at approximately 1.30 p.m. on 2 March 2006?   (c)     Were there any procedural safeguards in relation to the above mentioned alleged procedural shortcomings? Was the evidence obtained therefrom used by the trial court to convict the applicant to an extent that prejudiced the overall fairness of the proceedings (see Ibrahim and Others v.   the United Kingdom [GC], nos. 50541/08 and 3 others, §§   295 ‑ 311, ECHR 2016; and compare Schmid-Laffer v. Switzerland , no.   41269/08, §   39, 16 June 2015)?   2.     Has there been an interference with the applicant’s freedom of expression within the meaning of Article 10 of the Convention in the light of his allegation that his conviction rested, inter alia, on his involvement in the petition campaign entitled “I, as a native of Kurdistan, consider and accept Sayın Abdullah Öcalan as political will in Kurdistan”?   If so, did the interference pursue a legitimate aim and was it “necessary in a democratic society” within the meaning Article 10 § 2 of the Convention?   The Government are invited to submit copies of all the relevant documents concerning the applicants’ case, including but not limited to the minutes of all the hearings, the reasoned judgment of the trial court, documentary evidence against the applicants, and the written submissions of the applicants and his or her lawyer throughout the proceedings. APPENDIX       Mehmet KILINÇ is a Turkish national who was born in 1982, and deceased on 10.04.2010     Asya KILINÇ is a Turkish national who was born in 1997, lives in Uşak and is represented by N. Paşa     Berfin KILINÇ is a Turkish national who was born in 2003, lives in Uşak and is represented by N. Paşa     Fikret KILINÇ is a Turkish national who was born in 1972, lives in Uşak and is represented by N. Paşa     Hamdiye KILINÇ is a Turkish national who was born in 1979, lives in Uşak and is represented by N. Paşa     Memduh KILINÇ is a Turkish national who was born in 1964, lives in Uşak and is represented by N. Paşa     Mizgin KILINÇ is a Turkish national who was born in 1999, lives in Uşak and is represented by N. Paşa     Osman KILINÇ is a Turkish national who was born in 1946, lives in Mardin and is represented by N. Paşa     Sultani KILINÇ is a Turkish national who was born in 1946, lives in Mardin and is represented by N. Paşa   [1] .     L’institut de la langue turque (Türk Dil Kurumu) définit le mot «   sayın   », comme suit   : «   1.     respecté, choisi, cher. 2.     Attribut placé devant le nom des personnes à l’oral et à l’écrit, en signe de respect.   »