Mustafa Yeneroğlu,DEVA Party Deputy Chair and MP, held a press conference in response to the European Court of Human Rights' (ECtHR) ruling that Turkey violated human rights in the case of Yüksel Yalçınkaya, a teacher convicted of using the ByLock application and having an account at Bank Asya.
Yeneroğlu emphasized that this decision should impact other trials related to membership in an organization, stating, "In this case, ongoing trials should be concluded based on these principles, and retrials should be immediately initiated in concluded cases."
Highlighting the ECHR's findings that the principles of "no punishment without law," "the right to a fair trial," and "freedom of assembly and association" were violated while drawing attention to the chronic problems in ongoing trials, Yeneroğlu underlined that the problem is systematic and structural, especially emphasized in the decision.
Yeneroğlu added, "Another point of note in the decision is that there are 8,500 pending applications before the ECHR on the same issue, with 100,000 potential applicants who used ByLock."
He continued, "Indeed, the ECHR has emphasized that the issue affects a large number of people and can continue to do so, calling on our country to 'return to the rule of law.' It has also pointed out that the necessary consequences of the decision should be drawn, and 'general measures should be taken at the national level.'"
Referring to Article 90, Paragraph 5 of the Constitution, which states that "international agreements duly put into effect have the force of law," Yeneroğlu reminded the government to comply with the requirements of the decision.
In conclusion, Yeneroğlu stated, "This decision is nothing more than stating the obvious... It is very sad that the abandonment of the basic principles of criminal law, the disregard for the rule of law, and the silencing of consciences have led to such terrible injustices."
