Monthly Archives: Ocak 2018

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CHP deputy Mahmut Tanal: Use of bylock isn’t a crime in Turkish Law

Former lawyer, CHP deputy Mahmut Tanal: “There is no article in Turkish criminal law saying use of byLock is a crime. Not the use, the content including acts or conversations of crime is important.”


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Amnesty pointed out that downloading ByLock should not of itself be a crime since the app had been downloaded over 600,000 times throughout the world between April 2102 and April 2016.

It has been reported that the chair of Amnesty International in Turkey and 10 other Amnesty activists have gone on trial in Istanbul in one of the most high-profile tests of Turkish criminal law since the failed coup in 2016 led to tens of thousands of arrests and dismissals from public office. Taner Kılıç, chair of Amnesty in Turkey since 2014, is on trial on two separate charges, largely on the basis of allegations that he downloaded a widely available phone messaging application called ByLock.

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Tens of thousands of people have been arrested or dismissed from officein a wide-ranging crackdown since the coup

Eleven human rights activists including two senior Amnesty International employees have gone on trial in Istanbul on terrorism charges, in one of the most high-profile tests of Turkish criminal law since a failed coup in 2016.

Ten of the activists, including Amnesty’s Turkey director, İdil Eser, were arrested while attending a digital security training workshop in July.

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European Union’s Counter-Terrorism Coordinator Gilles de Kerchove : ” “You need not only circumstantial evidence – like just downloading an app – but concrete substantive data which shows that they were involved…,”

(Reuters) – The European Union does not share Turkey’s view that the network of U.S.-based Muslim cleric Fethullah Gulen is a terrorist organization and would need to see “substantive” evidence to change its stance, the EU’s counter-terrorism coordinator said.

The comments by Gilles de Kerchove are likely to infuriate Ankara, which accuses Gulen of masterminding a failed military coup last year, in which more than 250 people were killed. Gulen has denied the charge and condemned the coup.

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Freedom House-Turkey Country Report of Internet Freedom 2017 Including Opinion in ByLock

Key Developments:

JUNE 2016–MAY 2017

  • After protests erupted over the removal from office of 28 mayors in the Kurdish-majority southeast, authorities restricted internet access for approximately 12 million residents in the region (see Restrictions on Connectivity).
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Turkish Paper Debunks ByLock Conspiracy In Blow To Gov’t Narrative

Red alarms went off for the pro-government media hours after a Turkish paper published a controversial interview with an owner of a messaging app that is at the heart of Turkey’s post-coup crackdown and which sent thousands of people to prisons across the country.

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Turkey Detains 9 Journalists Over Use Of Encrypted Messaging App

A Turkish court has ruled to remand journalist Aysenur Parildak in prison on charges of being “a member of an armed terrorist organization,” prolonging her already 15-month pre-trial arrest.

The 14th Ankara High Criminal decided on Thursday to keep Ms. Parildak in prison over the use of ByLock, an encrypted app, and rejected demand of lawyer for Ms. Parildak’s release, state-run Anadolu news agency said.

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Amnesty’s Turkish Chair On Trial In Post-Coup Crackdown-Over Allegations He Downloaded ByLock App

By Lee Munson

It has been reported that the chair of Amnesty International in Turkey and 10 other Amnesty activists have gone on trial in Istanbul in one of the most high-profile tests of Turkish criminal law since the failed coup in 2016 led to tens of thousands of arrests and dismissals from public office. Taner Kılıç, chair of Amnesty in Turkey since 2014, is on trial on two separate charges, largely on the basis of allegations that he downloaded a widely available phone messaging application called ByLock.

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Tens of thousands of people have been arrested or dismissed from officein a wide-ranging crackdown since the coup

Charity’s Europe director says prosecutions aimed at silencing critical voices within Turkey since last year’s failed coup.

Eleven human rights activists including two senior Amnesty International employees have gone on trial in Istanbul on terrorism charges, in one of the most high-profile tests of Turkish criminal law since a failed coup in 2016.


Ten of the activists, including Amnesty’s Turkey director, İdil Eser, were arrested while attending a digital security training workshop in July.

They are accused of plotting an uprising and charged with aiding militants as well as the movement led by US-based cleric Fethullah Gülen, blamed for the coup attempt. They face up to 15 years in prison if found guilty.

Amnesty’s Turkey chairman, Taner Kılıç, who was imprisoned separately in June, appeared in court via video link from a prison in İzmir, western Turkey.

He will also appear at a hearing in İzmir on Thursday on a separate charge of being a member of a Gülen-linked organisation. Kılıç is accused of using Bylock, an encrypted mobile messaging app that the Turkish prosecuting authorities claim was used by Gülen supporters to communicate secretly before the coup attempt.

Tens of thousands of people have been arrested or dismissed from office in a wide-ranging crackdown since the coup, prompting criticism that the country has taken an increasingly authoritarian turn under President Recep Tayyip Erdoğan.

Dozens of people protested outside the crowded courthouse in Istanbul’s justice palace as the trial opened, holding banners bearing images of the activists and the hashtag “FreeRightsDefenders”.

“I have dedicated my life to truth and justice and that is all I ask of this court,” said Özlem Dalkıran, a pro-democracy campaigner and one of the defendant, during opening statements to the court.

John Dalhuisen, Amnesty International’s Europe director, said the prosecutions were aimed at silencing critical voices within Turkey.

“Without substance or foundation the Turkish authorities have tried and failed to build a case against İdil, Taner and the other nine human rights activists,” said Dalhuisen, who is attending the trial. “It took the prosecutor more than three months to come up with nothing. It should not take the judge more than half an hour to dismiss the case against them.”

The charges relate to a digital security and stress training workshop Amnesty held in a hotel outside Istanbul that the prosecuting authorities claim was a secret meeting to organise an uprising, or even conduct espionage. Most of the 10 Amnesty supporters present at the meeting have been held in jail since their arrest on 18 July. Kılıç did not attend the workshop, because he was in prison after being arrested the previous month. He is accused of knowing it was going ahead.

In a witness statement Kılıç said he had not even heard of the Bylock app until after the coup. The Turkish prosecution case states records in its file show his phone number downloaded the app in August 2014.
Turkish police escort people arrested for alleged links with the cleric Fethullah Gülen
Police escort people arrested for alleged links with the cleric Fethullah Gülen. More than 100,000 Turks have been detained or sacked in the crackdown. Photograph: Olcay Düzgün/AFP/Getty Images

Amnesty says it has conducted two forensic examinations of Kılıç’s phone, including one by the international technology firm SecureWorks, and found no trace of the ByLock app on the phone. Such an investigation could not be totally conclusive, but security experts say it would take “a highly skilled technical operator” to remove all trace of the app from the phone.

Amnesty has also pointed out that downloading ByLock should not of itself be a crime since the app had been downloaded more than 600,000 times throughout the world between April 2102 and April 2016.

But in a landmark case the Turkish supreme court in September ruled that the app was redesigned exclusively for the use of Gülenist members, and was therefore sufficient grounds to find someone guilty of being member of a terrorist organisation.

Turkish intelligence claims to have identified via IP addresses nearly 100,000 Turks who may have communicated with the ByLock server. But Amnesty argues that an IP address is not linked to a single individual, and cannot be used as the basis for charging anyone.

Kılıç is also accused of having a bank account with Bank Asya not for his own benefit, implying that he put money into the Gülen-linked bank on behalf of the Gülenist movement.

Kılıç, a respected lawyer specialising in refugee work, said tens of thousands of people have Asya bank accounts and that he used the account to help pay for the schooling of his daughter. He has also been accused of being linked via his brother-in-law with the Gülenist newspaper Zaman.

The Istanbul trial is one of several cases that have deepened a rift between Turkey and European nations, notably Germany, which considers one of the defendants, German national Peter Steudtner, as well as 10 other German or German-Turkish citizens jailed in Turkey, to be political prisoners.


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[OPINION] Erdoğan’s terrorists in Turkey

by Abdullah Bozkurt

The Turkish government under autocratic president Recep Tayyip Erdoğan’s perpetual emergency rule last week expanded its definition of terrorism by calling the main opposition Republican Peoples’ Party (CHP) “accomplices of terror” and “pawns of foreign powers.”

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