Turkish Justice minister Yilmaz Tunc stated on social media that “The ECHR clearly exceeded its authority by evaluating proof.”
The European Court docket of Human Rights (ECHR) dominated on Tuesday {that a} Turkish trainer convicted in 2017 of terrorism offences had his rights violated as a result of the case towards him relied totally on his use of an encrypted messaging software. The court docket’s determination might apply to 1000’s of different Turks who have been jailed following a failed coup try in 2016.
Nearly seven years after the tried coup in 2016, the Strasbourg court docket dominated Tuesday that the previous trainer Yuksel Yalcinkay’s rights have been violated in three cases: Article 6, article 7 and article 11 on freedom of meeting and affiliation.
In its ruling, the ECHR stated Turkey’s conviction of Yalcinkaya was “based mostly decisively” on his alleged use of ByLock, an encrypted messaging system that Turkish courts have stated was designed to be used by Gulen followers.
Fethullah Gülen is a U.S.-based preacher and former AK get together ally, whom Erdoğan accuses of inciting the failed coup in 2016.
Criticising the court docket’s judgement, Turkish Minister of Justice Yılmaz Tunç dismissed the choice as unacceptable.
“It’s unacceptable for the ECtHR to overstep its jurisdiction and challenge a judgement of violation by inspecting the proof in a case the place our judicial authorities in any respect ranges have deemed the proof ample” stated the minister on X platform.
Based on stament from the Grand Chamber of the European Court docket of Human Rights, Mr Yalçınkaya’s conviction had been based mostly decisively on his use of the encrypted messaging software, which the home courts held had been designed for the unique use of “FETÖ/PDY” members beneath the guise of a worldwide software.
The Court docket held that such a uniform and international method by the Turkish judiciary vis-à-vis the ByLock proof departed from the necessities laid down in nationwide regulation in respect of the offence in query and was opposite to the thing and objective of Article 7 which is to supply efficient safeguards towards arbitrary prosecution, conviction and punishment.
Chatting with euronews, the plaintiff’s lawyer Johan Heymans described the judgement “as a milestone determination” and stated it ought to set a precedent for comparable circumstances in Turkey.
Heymans stated that there are presently 8,500 recordsdata pending earlier than the ECtHR.
In 2016 Mr Yalçınkaya, then a trainer, was arrested on suspicion of being a member of an organisation described by the Turkish authorities because the “Fetullahist Terror Organisation / Parallel State Construction” (Fetullahçı Terör Örgütü / Paralel Devlet Yapılanması – “FETÖ/PDY”).
Following his placement in pre-trial detention, a invoice of indictment was lodged in 2017, which cited, amongst different issues, use of the ByLock phone software, suspicious banking exercise, membership of a commerce union and an affiliation that supposedly had terrorist hyperlinks, and talked about an nameless informant.
ADVERTISEMENTThe case went to trial, with Mr Yalçınkaya being discovered responsible in 2017 and sentenced to 6 years and three months’ imprisonment. Subsequently, the Ankara Regional Court docket of Attraction and the Court docket of Cassation upheld Mr Yalçınkaya’s conviction. In the end, in 2019, the Constitutional Court docket rejected as inadmissible an software lodged by him within the case.
Further sources • Reuters