Strasbourg, France – On behalf of ASSEDEL, the European Association for the Defense of Rights and Freedoms, lawyer Hakan Kaplankaya delivered a compelling lecture at Sciences Po Strasbourg, dissecting one of the European Court of Human Rights’ most significant rulings in recent years: Yüksel Yalçınkaya v. Turkey. The presentation offered a deep dive into the legal, political, and human rights dimensions of the case, illustrating the systemic erosion of due process in post-coup Turkey.
Turkey’s Post-Coup Crackdown and Mass Injustice
Kaplankaya opened by framing the case within the broader context of Turkey’s response to the failed coup attempt in 2016, which led to an extended state of emergency. As a result, the government initiated a sweeping purge:
– Over 130,000 civil servants, including more than 4,000 judges, were dismissed.
– Media outlets, universities, schools, and NGOs were shut down.
– Properties were confiscated, with estimated losses exceeding $32 billion.
– More than 705,000 individuals were investigated for alleged ties to the Gülen movement, now designated by the state as a terrorist organization.
Evidence used to justify these actions was often legally tenuous:
– Use of the ByLock encrypted messaging app,
– Participation in religious study circles (sohbet),
– Deposits in Bank Asya, and
– Membership in legally recognized unions or associations.
The Yalçınkaya Case: A Symbol of Miscarriage of Justice
The case of Yüksel Yalçınkaya, a teacher and union member, became emblematic of these abuses. He was dismissed by emergency decree, convicted of “membership in a terrorist organization,” and imprisoned for over four years. The sole evidence used against him:
– ByLock installation on his phone,
– A personal account at Bank Asya,
– Membership in a teacher’s union.
Kaplankaya emphasized that none of these elements constituted a criminal offense under Turkish law at the time they were carried out—raising grave concerns about retroactive justice and political persecution.
ECHR Ruling: Violations of Core Human Rights
The European Court of Human Rights ruled in Yalçınkaya’s favor, identifying three key violations of the European Convention on Human Rights:
1. Article 7 – No Punishment Without Law
The Court criticized Turkey’s retroactive criminalization and lack of clear legal standards. Using ByLock as a blanket indicator of terrorism was declared legally unjustified.
2. Article 6 – Right to a Fair Trial
– The Court found multiple violations:
– The defense was denied access to key evidence.
– Courts accepted questionable digital data without independent verification.
– Attorney-client meetings were monitored and recorded.
– Judicial independence was compromised by emergency decrees.
3. Article 11 – Freedom of Association
Yalçınkaya’s union membership—fully legal at the time—was used to justify his conviction, infringing on his freedom of association.
Systemic Failures and Broader Implications
Kaplankaya stressed that the ruling’s implications extend far beyond one individual. With over 8,000 similar applications pending at the ECHR and tens of thousands affected by comparable charges, the Court’s judgment highlighted systemic issues in Turkey’s judiciary.
However, several important concerns remain unaddressed:
– The recording of lawyer-client conversations,
– Violations of privacy rights (Article 8),
– The lack of reparative justice, including financial compensation or reinstatement.
Next Steps: Monitoring and International Pressure
The Council of Europe’s Committee of Ministers now oversees the judgment’s implementation, urging Turkey to:
– Reopen cases like Yalçınkaya’s,
– Provide fair retrials,
– Reform legislation and judicial practices.
ASSEDEL and other human rights organizations are playing a crucial watchdog role, pushing for compliance and raising awareness across Europe.
A Call to Action
Concluding his presentation, Kaplankaya emphasized that this is not merely a legal matter, but a fundamental human rights crisis. ASSEDEL continues to advocate for transparency, accountability, and justice for thousands of victims wrongfully prosecuted in Turkey’s post-coup purge.