ABSTRACT

The applicant, who was the president of the petroleum workers’ union, wrote an article entitled ‘The time has come for the workers to speak out – tomorrow it will be too late’ in the 21-28 July 1991 issue of Yeni Ülke (‘New Land’), a weekly newspaper published in Istanbul. On 16 September 1991, the applicant was indicted on charges of non-public incitement to hatred and hostility contrary to the Turkish Criminal Code. The National Security Court found him guilty and sentenced him to one year and eight months’ imprisonment, plus a fine of TRL 100,000. The Court of Cassation dismissed the applicant’s appeal. He served his sentence in full. As a consequence of his conviction, he also lost his office as president of the petrol workers’ union as well as certain political and civil rights. He complained that his conviction infringed A 9 and 10. Comm found by majority (30-2) V 10, no separate issue 10+14.