Following the retrial of Mr. Yal\u00e7\u0131nkaya, the judgment of the Kayseri Second Assize Court reveals that the\u00a0Turkish judiciary is hesitant to enforce the Court\u00b4s\u00a0judgment.\u00a0<\/p>\n\n\n\n
Y\u00fcksel Yal\u00e7\u0131nkaya was working as a teacher before the 15 July 2016 coup attempt.\u00a0On account of\u00a0his suspected affiliation with the\u00a0G\u00fclen Movement,\u00a0he\u00a0was first dismissed from service by Legislative Decree no. 672,\u00a0and later, on the 6th<\/sup>\u00a0of October 2016, he was arrested. \u00a0<\/p>\n\n\n\n The 2023 Grand Chamber judgment found violations of Article 6(1), Article 7, and Article 11 of the European Convention on Human Rights. The\u00a0judgment\u00a0indicated that claims by the Turkish state that alleged crimes committed by Mr. Yal\u00e7\u0131nkaya lacked legality and foreseeability, thus\u00a0constituting a\u00a0violation of Article 7 (nullum<\/em>\u00a0<\/em>crimen<\/em>,\u00a0<\/em>nulla<\/em>\u00a0<\/em>poena<\/em>\u00a0sine\u00a0<\/em>lege<\/em>). The allegations against the applicant were based on his alleged online activity on the ByLock application, linking him directly to membership in an armed terrorist organization and involvement in the hierarchical structure of FET\u00d6\/PDY, claims which the applicant consistently denied, stating that he never downloaded the app.<\/p>\n\n\n\n In addition, following the judgment, several\u00a0other\u00a0people were detained with similar claims over the alleged use of the ByLock application.\u00a0Even though the Court\u2019s\u00a0judgment\u00a0should have set a precedent for similar cases pending before domestic courts, the Turkish judiciary has been systemically refusing to\u00a0implement the judgment of the Court for\u00a0the criminal proceedings in similar cases to Mr. Yal\u00e7\u0131nkaya.<\/p>\n\n\n\n The action plan submitted by T\u00fcrkiye aimed to portray the violations as non-systemic.\u00a0The Turkish judiciary must\u00a0have the remedies to effectively address individual measures in such cases.<\/p>\n\n\n\n