Öcalan conviction to Turkey from ECHR

  • actual
  • 09:26 4 December 2019
  • |
img

İSTANBUL - In 2011 the Istanbul public prosecutor’s office instigated an investigation to detect and reveal the alleged "secret communication channels operating between Abdullah Öcalan and the PKK-KCK".

 
In today’s Chamber judgement in the case of lawyers Mehmet Ali Kırdök, Mihriban Kırdör and Meral Hanbayat, the European Court of Human Rights held, unanimously, that there had been a violation of Article 8 (right to respect for private and family life, the home and private correspondence) of the European Convention on Human Rights.
 
In this case the applicants, who are lawyers, complained about the seizure of their electronic data by the judicial authorities for the purpose of criminal proceedings against another lawyer who had shared their Office.
 
The Court found, in particular, that the seizure of the applicants’ electronic data, which were protected by lawyer-client professional secrecy, and the refusal to return or destroy them had not corresponded to a pressing social need or been necessary in a democratic society. The Court also noted the lack of sufficient procedural guarantees in the law as interpreted and applied by the judicial authorities.
 
The Court held that Turkey was to pay each applicant 3,500 euros (EUR) in respect of non-pecuniary damage and EUR 3,000 jointly in respect of costs and expenses.
 
Background
 
The applicants, Mehmet Ali Kırdök, Mihriban Kırdök and Meral Hanbayat, are lawyers and live in Istanbul. In 2011 the Istanbul public prosecutor’s office instigated an investigation to detect and reveal the alleged "secret communication channels operating between Abdullah Öcalan and the PKK-KCK".
 
In that context a judge of the Istanbul Assize Court issued an order concerning the activities of Ü.S. (a lawyer), who was arrested the next day at his home. The police conducted searches of the office which the latter shared with the applicants. They made copies of all the data stored on the hard disk of the computer used jointly by all the lawyers, as well as of a USB stick belonging to Ms Hanbayat. A representative of the Istanbul Bar Association and an applicant were present during the search. The data seized by the police were placed in a sealed bag.
 
Subsequently, the applicants appealed against the order issued by the Assize Court judge both as the representatives of Ü.S. and in their own names. They requested, in particular, the restitution or destruction of their digital data, arguing that those data did not belong to Ü.S., that they were protected by legal professional secrecy and that they had been seized without any relevant order being issued. The public prosecutor’s office submitted observations to the effect that since the data in question had not yet been transcribed, it was impossible to ascertain their precise owners. The Assize Court dismissed the applicants’ appeal on the grounds that the impugned order had been issued in accordance with the law and the relevant procedure.
 
Relying on Article 8 (right to respect for private and family life, the home and private correspondence) and Article 13 (right to an effective remedy), the applicants complained that legal professional secrecy, which was based on the confidentiality of their exchanges with their clients, had been infringed because the digital files on the latter’s cases had been copied by the judicial authorities during a search and the copies had been seized, even though they were irrelevant to the investigation being conducted against another lawyer. The application was lodged with the European Court of Human Rights on 12 March 2012.

View More Articles

05/08/2020
15:56 Water embargo of Turkey continues for 3 months
15:31 Journalist Aksoy passed away
14:38 IMF: Turkey is vulnerable to shocks
12:51 State of Emergency in Beirut: At least 100 dead, 4 thousand wounded
12:32 CPT: Restrictions in Imrali are not acceptable
10:24 HDP's alderman detained following a raid on his home
04/08/2020
15:21 ATO: The number of daily cases approached one thousand in Ankara
13:38 5.7 magnitude earthquake in Malatya
13:15 Êzidî women sold as slaves on parliamentary agenda
12:43 Irish politician and Nobel Peace Prize winner John Hume dies
12:36 Soldier opens fire in Çaldıran: 1 person lost his life
11:22 Lawyers of Öcalan applied for an interview in İmralı
11:18 July inflation rate announced
10:43 5 prisoners diagnosed with coronavirus in Tarsus Prison
09:33 Only two Kurdish Language graduate appointed as a teacher
03/08/2020
16:40 Pektaş on hunger strike for death fasting lawyers detained
16:37 7 women committed suicide in 45 days: We are out of patience
16:34 ISIS attacks a prison: 20 dead
11:25 HDP Women's Council: We salut the resistance of Yazidi women
01/08/2020
19:54 Demo for Timtik and Ünsal in front of the hospital
14:53 72 Bars in solidarity with Hatay Bar President
14:25 Torture under gendermerie custody: I am the law!
12:07 Police detaining citizens in Güçlükonak after blockade has been lifted
10:31 Soldiers beat 3 shepherds to death
31/07/2020
16:00 ÇHD: Ünsal and Timtik left for dead
13:22 Court overturns ban on Pride Parade
12:03 Lawyers: Not releasing Timtik and Ünsal is torture
10:19 15 more people died of Coronavirus
09:32 3500 trees will be chopped down in Diyarbakır for structuring
08:37 Timtik and Ünsal hospitalized
30/07/2020
15:08 Release request of Timtik and Ünsal denied
14:38 300 people diagnosed with Covid-19 every day
13:20 Application for visit and phonecall to İmralı
13:19 Forensic Medicine Institution report says death-fasting lawyers cannot stay in prison
09:30 Hatay Bar President taken into custody
29/07/2020
16:32 False information given by Security Directorate abour Nadira Kadirova
14:47 Urgent call for Ünsal and Timtik from lawyers
12:47 Father with 5 children in prison lost his life
12:25 Import and export data announced
12:01 Mother of hunger striking prisoner: His life is in danger
11:52 Joint call from SDF and International Coalition
11:11 Delegates call an ‘Extraordinary General Meeting’ against Feyzioğlu
10:56 Parliament passes bill on social media in Turkey
10:36 'What happened in Kilyos Cemetery is not independent from Zilan and Dersim Massacres'
09:53 Turkey reports 15 more deaths due to coronavirus
09:53 Peace Mothers: Isolation is the tears of the mothers
09:16 Woman claimed to have committed suicide loses her life
28/07/2020
14:44 Dersim Konak to remain in prison
14:39 Family killed by cannon shot in Manbij
14:22 Öcalan's attorneys applied for a visit in İmralı