Article 220/6 and 220/7 Of The Turkish Penal Code: The “Foreseeability” Requirement In Işıkırık v. Turkey, Bakır and Others V. Turkey And İmret v. Turkey Judgments Of The European Court Of Human Rights

Anahtar Kelimeler: Öngörülebilirlik, TCK 220/6, TCK 220/7, terör örgütüne üyelik, terör örgütüne bilerek ve isteyerek yardım, AİHS 11. madde, hukuk devleti.

ABSTRACT…

In Işıkırık/Turkey judgement the Court decided that the conviction of a peaceful demons-trator under Article 220/6 of the Turkish Penal Code constituted a breach of Article 11 of the Convention. The Court decided that Article 220/6 does not fulfill the foreseeability requirement. Interpretation of the notion of membership of an illegal organisation in extensive terms, failure to differentiate between peaceful demonstrators and members of illegal organisations and severe, disproportionate and deterrent prison sentences lead the Court to find a violation of Article 11 of the Convention. The Court focused on the “foreseeability” requirement also in Bakır and Others/Turkey and İmret/Turkey judgements and arrived to the same conclusion for Article 220/7 of the Turkish Penal Code. Application of these articles are not compatible with the principle of rule of law. …

Keywords: Foreseeability, Articles 220/6, 220/7 of the Turkish Penal Code, membership of an illegal organisation, aiding knowingly and willingly, ECHR Article 11, rule of law. …