16 ALTUĞ TANER AKÇAM v. TURKEY JUDGMENT Article 301 of the Criminal Code constituted interference in the circumstances of the present case. 71. The Court observes that the applicant is a history professor whose research interest includes the historical events of 1915 concerning the Armenian population. He has published numerous books and articles on the Armenian issue, a subject which is considered sensitive in Turkey. He thus belongs to a group of people who can easily be stigmatised for their opinions on this subject and be subject to investigations or prosecutions under Article 301 of the Criminal Code as a result of criminal complaints that can be lodged by individuals belonging to ultranationalist groups who might feel offended by his views (see, mutatis mutandis, Johnston and Others, cited above, § 42). 72. Indeed, in the instant case, the investigation against the applicant was commenced as the result of a criminal complaint by an individual who alleged essentially that the applicant had committed the offence of denigrating Turkishness under Article 301 of the Criminal Code by his editorial opinion in the AGOS newspaper (see paragraph 8 above). The applicant was summoned to the local public prosecutor’s office and asked to answer the criminal complaints against him (see paragraph 9 above). Even though the public prosecutor in charge of the investigation issued a decision of non-prosecution holding that the applicant’s views were protected under Article 10, this did not necessarily mean that the applicant would be safe from further investigations of that kind in the future. It appears that two other criminal complaints were lodged by individuals alleging that the applicant had denigrated Turkishness under Article 301 by his articles in the AGOS newspaper and that the investigations were terminated by decisions of the local public prosecutors not to prosecute (see paragraphs 14, 15 and 18 above). 73. The Court refers to its findings in the Dink case (cited above), where the first applicant was prosecuted following a criminal complaint lodged by an extremist group of individuals and convicted under Article 301 for his opinion on the Armenian issue, that is, for denigrating Turkishness. In the eyes of the public, particularly ultranationalist groups, Mr Dink’s prosecution and conviction was evidence that he was an individual who insulted all persons of Turkish origin. As a result of this perception or stigma attached to him Mr Dink was later murdered by an extreme nationalist (see Dink, cited above, § 107). 74. The Court notes that, as in the case of Mr Dink, the applicant has been the target of an intimidation campaign which presented him as a “traitor” and a “spy” to the public on account of his research and publications on the Armenian issue (see paragraphs 34-36 above). Following this campaign, the applicant received hate mails from a number of individuals who insulted and threatened him with death (see paragraph 41 above).

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