ABSTRACT
The period to be taken into consideration began on 20 January 1988 and had not yet ended. It had lasted over 11 years 9 months. The period could not be considered reasonable.
Ms Günay Arslan was the author of a book entitled ‘History in Mourning, 33 bullets’, published in December 1989, with a second edition appearing in July 1991. It was accompanied by a preface attributed to Musa Anter, a well-known pro-Kurdish politician and leader writer whose main theme was the Kurdish question in Turkey and who was murdered in 1992. The applicant was charged with disseminating separatist propaganda, convicted and sentenced to imprisonment, with the book’s confiscation being ordered. As a result of new legislation the conviction was declared null and void on 3 May 1991. The book was republished on 21 July 1991. Following a number of unsuccessful applications by the prosecutor for seizure, on 28 January 1993 the National Security Court found the applicant guilty under the new legislation of disseminating propaganda against ‘the indivisible unity of the State’ and sentenced him to one year, eight months’ imprisonment and a fine of TRL 41,666,666. Comm found by majority (30-2) V 10 and no separate issue 10+14.
