ALTUĞ TANER AKÇAM v. TURKEY JUDGMENT 3 serve any association, organisation, race or ethnic group, or to denigrate a nation. The applicant’s two lawyers also argued that the applicant’s statements did not amount to a crime. 10. On 30 January 2007 the investigation against the applicant was terminated by the Şişli public prosecutor, who noted that at all the scientific seminars he had taken part in and in his publications the applicant had expressed the opinion that the events that took place between 1915 and 1919 could be described as genocide. Having examined the applicant’s article published in AGOS, the public prosecutor concluded that the applicant’s statements in his capacity as a professor of history came within the realm of protected expression under Article 10 of the European Convention on Human Rights and that as such they did not constitute denigration of Turkishness. Nor did they amount to incitement to commit a crime, or to praising a crime or criminal, or incitement to hatred and enmity amongst the people. 11. On 6 July 2007 the complainant, R.A., filed an objection against the above-mentioned decision of non-prosecution. 12. On 30 October 2007 the Third Chamber of the Beyoğlu Assize Court dismissed the complainant’s objection. Having examined the investigation carried out and the reasons given by the Şişli public prosecutor, the court held that the decision of non-prosecution was in accordance with procedure and law. 13. On 11 October 2007 a judgment was issued by the Şişli Criminal Court against Arat Dink (the editor of AGOS) and Serkis Seropyan (the owner of AGOS) whereby both were sentenced to one year’s imprisonment under Article 301 of the Turkish Criminal Code for accusing the Turkish nation of genocide via the press. Although the applicant was not a party to those proceedings, the court decided of its own motion that the Şişli public prosecutor had erred in discontinuing the investigation against the applicant on 30 January 2007 and held that this matter should be duly investigated by the prosecutor’s office. 14. On 26 November 2007 another complaint was lodged against the applicant, by a certain A.P., with the Chief Public Prosecutor’s office in Şişli. The complainant alleged that the applicant’s statements published in AGOS on 6 October 2006 violated Article 301 of the Turkish Criminal Code. 15. On 28 November 2007 the Şişli Public Prosecutor issued a decision of non-prosecution. He noted that a similar complaint by another complainant had been examined and dismissed by a non-prosecution decision on 30 January 2007. 16. On 10 January 2008 the applicant made an urgent request for interim measures under Rule 39 of the Rules of Court. He also requested that the respondent Government be notified of the introduction of the application in