ByLock can never become a legitimate evidence!

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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.

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The legal opinion submitted by W. Clegg QC & S.Baker That ByLock Arrests Are Farce that ByLock Arrests Are Farce

The legal opinion submitted by By William Clegg QC & Simon Baker on 25th July 2017 coupled with a Technical Report on the use of Bylock App prepared by Thomas K. Moore sheds new light into the catastrophic scale of crackdown and arbitrary detentions in Turkey in the aftermath of the attempted coup in July 2016. The opinion clearly scraps the use of Bylock App as evidence of membership of a terrorist organisation and underlines some of the most flagrant human rights violations such as right to freedom and security, right to a fair trial and prohibition of retrospective criminality. The following is a summary of the most salient aspects of the 54-page long opinion consisting of a section on legal opinion and a technical analysis on the reliance on use of Bylock App as evidence.

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