Article: Implications of ECHR’s Conviction of Turkey in the ‘Yalçınkaya Case’
The recent decision by the European Court of Human Rights (ECHR) in the Yüksel Yalçınkaya case has garnered significant attention from legal experts and the international community. Yalçınkaya, a teacher convicted of using the ByLock messaging app, holding an account at Bank Asya, and being accused based on the testimony of a secret witness, has brought forth implications that extend beyond his individual case.
According to information released by the ECHR, approximately 8,500 applications related to similar issues have been submitted to the Strasbourg Court. Considering the Turkish government’s estimate that around 100,000 individuals used ByLock, it is anticipated that the number of applicants to the ECHR may rise substantially.
Legal experts interviewed by Euronews emphasize the far-reaching significance of this decision as it has the potential to establish a precedent for similar cases in the future.
The Plaintiff’s Lawyer: A Systemic Issue within the Turkish Justice System
Johan Heymans, the lawyer representing Yalçınkaya, asserts that the ECHR’s ruling not only concerns Yalçınkaya but also exposes systemic issues within the Turkish justice system. Heymans points out that numerous individuals have suffered similar fates, and there are still approximately 8,500 pending cases related to ByLock in Turkish courts, indicating that hundreds of thousands of people may have been affected by these violations. He further contends that this decision underscores the state of the Turkish justice system, requiring urgent attention and reform.
“This decision opens up new possibilities for the reevaluation of existing cases in Turkey,” Heymans comments. Heymans continues to express his views on the decision:
“For the first time in this protracted case, the ECHR is signaling that Turkey needs to address this issue. While Turkey may initially resist this decision, it is unlikely to stand unchallenged. The Committee of Ministers of the Council of Europe will also scrutinize this decision. Importantly, this ruling presents opportunities for those impacted by similar circumstances in Turkey. The court’s rejection of the assumption that merely downloading the ByLock application constitutes a direct offense is a pivotal aspect of this decision. In essence, the ECHR has taken a resolute stance on this matter.”
“A Binding Decision”
Another lawyer has noted following: “citing Article 46 of the European Convention on Human Rights, underscores the unequivocal binding nature of this decision. Although the decision in individual applications may appear to revolve around the individuals whose rights have been violated, determinations of legality breaches and violations of the right to a fair trial should serve as precedents and be applicable to similar cases. Should local courts and the Court of Cassation resist, citizens have the option to make a pilot application to the Constitutional Court.” (Source: Euronews)
