CEDH · PRESS;GENERAL;ENG — 3 mars 1999

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .s653851D { width:375.65pt; display:inline-block } .sBB9EE52A { font-family:Arial } .sACBC61AB { margin-top:0pt; margin-bottom:0pt; text-indent:36pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s4DDA3AA3 { font-family:Arial; font-weight:bold; 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 } .sD35C6159 { width:1.54pt; display:inline-block } .s38DD6A04 { width:18.2pt; display:inline-block } .s85226119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:10pt } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 }     EUROPEAN COURT OF HUMAN RIGHTS     125   3.3.1999   Press release issued by the Registrar   HEARING IN THE CASE OF SÜREK (No. 4) v. TURKEY   Wednesday 3 March 1999 at 2.30 p.m.     The applicant   The case concerns an application (application no.   24762/94) brought by a Turkish national, Kamil Tekin Sürek, who was born in 1957 and lives in Istanbul. At the material time, the applicant was the major shareholder in a Turkish company which owns a weekly review entitled Haberde Yorumda Gerçek (The Truth of News and Comments), published in Istanbul.   Summary of the facts   In issue no. 51 of the review, dated 13 March 1993, a news commentary entitled “Kawa and Dehak Once Again” was published. The article analysed possible events which could occur during the upcoming celebrations of Newroz. Within the context of this news commentary, an interview by the Kurdish News Agency (KURD-HA) with a representative of the ERNK, the PKK’s political wing, was also published.   On 14 March 1993 the Istanbul State Security Court ordered the seizure of the issue holding that it contained separatist propaganda. In an indictment dated 22 April 1993 the Public Prosecutor at the State Security Court charged the applicant, as the owner of the review, with press propaganda aimed at undermining the indivisibility of the nation within the meaning of Sections 6 and 8 of the Anti-Terror Law. In a judgment dated 27 September 1993, the State Security Court found the applicant guilty under Section 8 § 2 of the Anti-Terror Law and sentenced him to a fine. The court found no grounds for a separate conviction under Section 6. The applicant unsuccessfully appealed to the Court of Cassation.   Complaints   Relying on Articles 10 and 6 § 1 of the European Convention of Human Rights, the applicant complains that his conviction constituted unjustified interference with his right to freedom of expression and that he was not tried by an independent and impartial tribunal.   Procedure   The application was lodged with the European Commission of Human Rights on 27   July 1994. Having found the above complaints admissible, the Commission adopted a report on 13   January 1998 in which it expressed the opinion that there had been a violation of Article 10 (thirty   votes to two) and that there had been a violation of Article 6 § 1 (thirty-one votes to one). It referred the case to the Court on 27 April 1998. Composition of the Court   Under the transitional provisions of Protocol No. 11 to the Convention, the case was transmitted to the Grand Chamber of the new European Court of Human Rights on the entry into force of the Protocol, on 1 November 1998. It will be heard by the Grand Chamber composed as follows:   Luzius Wildhaber   (Swiss), President , Elisabeth Palm   (Swedish), Antonio Pastor Ridruejo   (Spanish), Giovanni Bonello   (Maltese), Jerzy Makarczyk   (Polish), Pranas Kūris   (Lithuanian), Jean-Paul Costa   (French), Françoise Tulkens   (Belgian), Viera Strážnická   (Slovakian), Marc Fischbach   (Luxemburger), Volodymyr Butkevych   (Ukrainian), Josep Casadevall   (Andorran), Hanne Sophie Greve   (Norwegian), András Baka   (Hungarian), Rait Maruste   (Estonian), Snejana Botoucharova   (Bulgarian), Judges , Feyyaz Gölcüklü   (Turkish), ad hoc Judge , Kristaq Traja   (Albanian), Lucius Caflisch   (Swiss) [1] , Willi Fuhrmann   (Austrian), Substitute Judges ;   and also Paul Mahoney and Maud de Boer-Buquicchio , Deputy Registrars .   Representatives of the parties   Government:   Durmuş Tezcan , Agent , Deniz Akçay , Co-Agent , Bilal Çalişkan , Gülhan Akyüz , Alev Günyakti , Fırat Polat , Ayşen Emüler , Işık Batmaz Keremoğlu , Basri Yildiz , and Yaşar Özbek , Advisers ;   Applicant:   Semih Mutlu of the Istanbul Bar, counsel .   The applicant, Kamil Tekin Sürek , will also be present.   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Subject to his duty of discretion, the Registrar is responsible under the Rules of Court for replying to requests for information concerning the work of the Court, and in particular to enquiries from the press.   Registry of the European Court of Human Rights F – 67075 Strasbourg Cedex Contact: Roderick Liddell Telephone: (0)3 88 41 24 92; fax: (0)3 88 41 27 91 [1] Judge in respect of Liechtenstein.