ECtHR ruling on use of ByLock app

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The European Court of Human Rights (ECtHR) has finalized the application of former police officer Tekin Akgün, who was taken into custody during the failed coup attempt on July 15, 2016 and arrested on the grounds that he was using ByLock encrypted communication network.

The ECtHR has concluded that downloading or using ByLock does not constitute substantial evidence of involvement in an illegal or criminal action in itself and it shall be supported by other evidence raising reasonable suspicion such as the content or context of the messages written.

NOTE: ByLock is a messaging application that is considered to be evidence of membership of the "Fethullahist Terrorist Organization (FETÖ)," the group held responsible for the July 2016 coup attempt.

The ECtHR has also indicated that based on available evidence, it cannot be concluded that the ByLock application is solely used by the "FETÖ / Parallel State Structure (PDY)". Accordingly, the Court has concluded that Tekin Akgün's "right to freedom and security" guaranteed by Article 5 of the European Convention on Human Rights (ECHR) has been violated.

Recalling that Akgün's several applications for an end to his arrest were rejected by various courts, the ECtHR has also noted that neither Akgün nor his lawyers had adequate information about the evidence, the related information was reserved at the prosecutor's office and this information was of considerable importance while appealing against imprisonment.

The Court has ruled that Turkey shall pay 12 thousand Euro in damages and a thousand Euro for court expenses to Akgün. (KÖ/SD)