ABSTRACT
Mr Ibrahim Incal, a lawyer, was at the material time a member of the executive committee of the Izmir section of the People’s Labour Party (HEP). That party, which was represented in the National Assembly, was dissolved by the Constitutional Court on 14 July 1993. In July 1992, the executive committee decided to distribute in the Izmir constituency a leaflet criticising the measures taken by the local authorities, in particular against small-scale illegal trading and the sprawl of squatters’ camps around the city. By a letter accompanied by a copy of the leaflet in question, the president of the HEP asked the Izmir prefecture for permission to distribute the leaflet. The Izmir security police considered that the leaflet contained separatist propaganda capable of inciting the people to resist the government and commit criminal offences. The National Security Court issued an injunction ordering the seizure of the leaflets and prohibiting their distribution. HEP’s premises were searched, copies of the leaflets seized and a criminal investigation against the HEP’s local leaders and the members of its executive committee was opened. On 9 February 1993, the National Security Court, composed of three judges, one of whom was a member of the Military Legal Service, found the applicant guilty and sentenced him to six months and 20 days’ imprisonment and a fine of TRL 55,555. It also ordered the confiscation of the leaflets and disqualified him from driving for 15 days. An appeal to the Court of Cassation was dismissed. The applicant complained that his criminal conviction on account of his contribution to preparation of the leaflet in issue had infringed his right to freedom of expression and that he had not had a fair trial before an independent tribunal. Comm found unanimously V 10, V 6(1) as regards fair hearing by an independent and impartial tribunal, NV 6(1)+14, by majority (26-5) V 6(1) as regards applicant being unable to reply to the public prosecutor’s opinion, (26-5) NV 6(1) as regards non-appearance of applicant before Court of Cassation.
