I’m thrilled to share with you an essential piece of work that I, Ali Yildiz, in collaboration with Dr. Emre Turkut, have recently completed. Our report entitled “ByLock Prosecutions and the Right to Fair Trial in Turkey: The ECtHR Grand Chamber’s Ruling in Yüksel Yalçınkaya v. Türkiye” meticulously examines the European Court of Human Rights’ (ECtHR) landmark judgment in September 2023, in the case of Yalçınkaya v Türkiye. This significant ruling highlighted the unjust conviction of an individual based on the use of ByLock, an encrypted messaging app, marking a breach of several fundamental rights under the European Convention on Human Rights (ECHR).

Ali Yildiz said:

“The Grand Chamber’s Yalçınkaya judgment could be the most impactful judgment ever delivered in the history of the ECHR. As indicated in the judgment, it is directly applicable to 8000 pending cases and a potential 100,000 more to be filed with the ECHR. Ensuring the full implementation of the Yalçınkaya judgment is therefore of paramount importance, both for those concerned and for the human rights mechanism of the Council of Europe.”

The report has been published by Statewatch, a London-based organisation committed to promoting transparency, accountability, and informed debate on civil liberties, human rights, and democratic standards. Since its inception in 1991, Statewatch has been at the forefront of critical research, policy analysis, and investigative journalism. It plays a pivotal role in informing debates, movements, and campaigns across Europe and beyond.

Our report does not merely critique; it proposes a series of actionable recommendations for the Turkish authorities to rectify these injustices. These include reevaluating the use of ByLock evidence in legal processes and ensuring the principles of fair trial are upheld in the digital era. Our findings also delve into the manipulation of ByLock data by prosecuting authorities and offer an in-depth analysis of the Yalçınkaya judgment’s implications, alongside other pertinent ECtHR rulings. This work is not just relevant for Turkey; it sends a crucial message globally, as digital evidence becomes increasingly central in criminal proceedings. Our commitment to justice and human rights has driven us to highlight the need for legal systems worldwide to adapt without compromising human rights standards.

Dr. Emre Turkut and I are honored to contribute to this vital discourse. Our dedication to upholding justice and human rights through rigorous research and advocacy remains unwavering. We believe that the implementation of our recommendations is not just critical for those directly affected but is also crucial for the integrity of human rights mechanisms globally.

For professionals, policymakers, and anyone interested in the intersection of technology, law, and human rights, this report is a call to action. Together, we can work towards a future where justice and human rights are upheld in the face of evolving technological challenges.