Fate of Confiscated Digital Devices on Parliamentary Agenda
* Photograph: Anadolu Agency
Click to read the article in Turkish
Peoples' Democratic Party (HDP) Van MP Muazzez Orhan has submitted a parliamentary question regarding the digital devices and materials that have been confiscated from the detained for examination and not returned to their owners or have been returned to them after a long period of time.
In her parliamentary question, Orhan has stated that "several materials that are returned to their owners years later become unusable."
Speaking to bianet about the issue, lawyer Ömer Kavilli previously stated,
"The confiscations have come to such a state that the confiscated devices are physically confiscated and are not returned for years. In that case, you deprive the person in question of the opportunities provided by the confiscated communication instruments, thereby sentencing them to seizure of property in terms of intellectual activities."
Kavilli also underlined that the related law does not specify when the confiscated materials and devices shall be returned to their owners.
"Is compensation paid for damaged materials?"
In her parliamentary question, Orhan has stated the following:
"Another problem about arrests and detentions which has become more and more prevalent in Turkey is that the information materials confiscated from the detained are not returned to their owners for long periods of time.
"The computers and telephones as well as hard-disks and flash disks of the citizens taken into custody in Turkey are confiscated for purposes of examination. However, after the detained are released and even after the investigation is concluded, the materials and information devices are not returned or are returned after a long period of time."
The following questions have been directed to Minister of Justice Abdülhamit Gül in the parliamentary question submitted by Muazzez Orhan:
- How many people were detained in Turkey in 2016, 2017 and 2018?
- Information materials of how many of them were confiscated?
- What is the distribution of the confiscated devices and materials by types (Computer, Telephone, Hard-Disk, Flash-Disk)?
- The information materials of how many citizens have not been returned though no crimes have been detected?
- Is a compensation paid to citizens for the damaged materials?
- If yes, how much compensation was paid in total in 2016-2018? Does it recourse to the public officers who caused the payment of compensation in question?
|
What does the Code of Criminal Procedure (CMK) say? Article 134 - Upon the motion of the public prosecutor during an investigation with respect to a crime, the judge shall issue a decision on the search of computers and computer programs and records used by the suspect, the copying, analyzing, and textualization of those records, if it is not possible to obtain the evidence by other means. - If computers, computer programs and computer records are inaccessible, as the passwords are not known, or if the hidden information is unreachable, then the computer and equipment that are deemed necessary may be provisionally seized in order to retrieve and to make the necessary copies. Seized devices shall be returned without delay in cases where the password has been solved and the necessary copies are produced. - While enforcing the seizure of computers or computer records, all data included in the system shall be copied. - In cases where the suspect or his representative makes a request, a copy of this copied data shall be produced and given to him or to his representative and this exchange shall be recorded and signed. - It is also permissible to produce a copy of the entire data or some of the data included in the system, without seizing the computer or the computer records. Copied data shall be printed on paper and this situation shall be recorded and signed by the related persons. |
(AS/SD)