Case nos 36370/02 and 37581/02
66. Turning to the present case, the Court notes at the outset that the interference with the second applicant's freedom of association stemmed from Sections 4 and 16 of the Associations Act, which provided that those who had been convicted of certain offences were not entitled to become members of an association. The Court observes that the second applicant contended that there had been no reason to terminate the membership of the thirteen people, including her own. She maintained that, although she had been taken into custody in 1999, she had been released and no criminal proceedings had been brought against her at that time. The Court is persuaded by the applicant's claim in the light of the Izmir Governor's letter of 10 July 2001 (paragraph 5 above).
Consequently, the Government have not demonstrated why the public authorities could otherwise have legitimately required the annulment of the applicant's membership.back