ByLock can never become a legitimate evidence!

  • 0

ByLock can never become a legitimate evidence!

Looking at the latest decision by the Supreme Court Assembly for Criminal Matters, it is observed that the initial list that started off with 215,092 names has now fallen to 49,680. The decision also reveals that Bylock can no longer be used as evidence against users registered without a user ID. Although this decision is a positive step, it still maintains its unlawful state. Namely;

The 88-page MIT (Turkish intelligence) report that all Bylock related cases are based mentions 215,092 users. It should also be noted that; In accordance with the criminal procedure law 134, an image was taken at 29.11.16 without a court decision.

On 01.03.2017, the list was reduced from 215.092 to 129.862. Although the list of 123.111 was updated on 05.08.2017 the old list of 129.860 names was sent off to the department of anti-smuggling and organised crime and judicial proceedings were conducted.

In April 2018, a new list of 49.680 consisting of users with user ID was created. Each update resulted in the reduction of the list by about 100,000 people.

A list of subscriber information was sent from the information and communication technologies authority on August 15, 2018, however, the origin of the data it contains is still a mystery. Unfortunately, all these procedures were carried out as intelligence, without the supervision of a judicial authority.

Although these procedures have no legal, judicial and logical basis, they also do not contain any scientific or auditable technical information.
Turkish laws clearly prohibit the use of data from intelligence as evidence however, the fact that all Bylock cases were based on evidence from a constantly modified intelligence report created with no judicial supervision is nothing but a legal catastrophe.

We demand real jurists to shed light on such unlawful proceedings. We renew our belief that all ByLock victims will keep following legal paths and eventually register their rightfulness.


  • 0

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.

“Read More”


  • 0

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.

“Read More”


  • 0

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.

“Read More”


  • 0

[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.”

“Read More”


  • 0

  • 0

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.

“Read More”


  • 0

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).

“Read More”