World News | European Court Rules Turkish Teacher's Rights Were Violated by Conviction Based on Phone App Use

Get latest articles and stories on World at LatestLY. The European Court of Human Rights on Tuesday ruled that the rights of a Turkish teacher convicted of what prosecutors called terrorism offences had been violated because the case was largely based on his use of a phone app.

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Istanbul, Sep 26 (AP) The European Court of Human Rights on Tuesday ruled that the rights of a Turkish teacher convicted of what prosecutors called terrorism offences had been violated because the case was largely based on his use of a phone app.

The court said its ruling could apply to thousands of people convicted following an attempted coup in Turkiye in 2016 after the prosecution presented use of the ByLock encrypted messaging app as evidence of a crime.

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Ankara has blamed the coup on the followers of U.S.-based cleric Fethullah Gulen, a former ally of President Recep Tayyip Erdogan. Turkiye has listed Gulen's movement as a terrorist organization known as FETO. Gulen denies any involvement in the failed putsch.

Yuksel Yalcinkaya was among tens of thousands arrested following the coup attempt in July 2016, in which 251 people were killed as pro-coup elements of the military fired at crowds and bombed state buildings. Around 35 people who allegedly participated in the plot also were killed.

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Yalcinkaya, from Kayseri province in central Anatolia, was convicted of membership of a terrorist organization in March 2017 and sentenced to more than six years' imprisonment.

The European court found the “decisive evidence” for his conviction was the alleged use of ByLock, which is said to have been used exclusively by Gulen supporters.

In its judgement, the court found the case had violated the European Convention on Human Rights, namely the right to a fair trial, the right to freedom of assembly and association and the right of no punishment without law.

In a statement, the court said that “such a uniform and global approach by the Turkish judiciary vis-a-vis the ByLock evidence departed from the requirements laid down in national law” and contravened the convention's “safeguards against arbitrary prosecution, conviction and punishment.”

It added: “There are currently approximately 8,500 applications on the court's docket involving similar complaints … and, given that the authorities had identified around 100,000 ByLock users, many more might potentially be lodged.”

The court also called on Turkiye to address “systemic problems, notably with regard to the Turkish judiciary's approach to Bylock evidence.”

Turkiye was ordered to pay 15,000 euros ($15,880) in costs and expenses. (AP)

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)

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