UN Judge Akay has been sentenced to 7,5 years imprisonment on the grounds of using this comm. app.

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UN Judge Akay has been sentenced to 7,5 years imprisonment on the grounds of using this comm. app.

In Turkey, we encounter many unreasonable, illegal and ambiguous judicial acts in recent years as a part of autocratic drift[1]. These judicial practices inexplicable within fundamental legal principles have been very often after the 15 July 2016 coup attempt. One of these famous irrational judicial acts is detention of people based on allegedly using the ByLock smartphone application.

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An overview about illegality of using bylock application as evidence in trials

This legal opinion addresses whether the Turkish State breached the rights granted by the European Convention on Human Rights (ECHR) of those arrested since the failed coup of July 2016. Moreover, it focuses on whether Turkey contravened international criminal law, particularly considering the use of the Bylock messenger application as a proof of membership to a terrorist organization (namely, FETÖ – the organization allegedly headed by the US-based imam Fethullah Gülen – which is considered to be the organizer of the 2016 failed coup).

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