ISTANBUL (AP) 鈥 The European Court of Human Rights on Tuesday ruled that the rights of a Turkish teacher convicted of what prosecutors called terrorism offences had been violated because the case was largely based on his use of a phone app.
The court said its ruling could apply to thousands of people convicted following an after the prosecution presented use of the ByLock encrypted messaging app as evidence of a crime.
Ankara has blamed the coup on the followers of U.S.-based cleric , a former ally of President . Turkey has listed Gulen鈥檚 movement as a terrorist organization known as FETO. Gulen denies any involvement in the failed putsch.
Yuksel Yalcinkaya was among tens of thousands arrested following the coup attempt in July 2016, in which 251 people were killed as pro-coup elements of the military fired at crowds and bombed state buildings. Around 35 people who allegedly participated in the plot also were killed.
Yalcinkaya, from Kayseri province in central Anatolia, was convicted of membership of a terrorist organization in March 2017 and sentenced to more than six years鈥 imprisonment.
The European court found the 鈥渄ecisive evidence鈥 for his conviction was the alleged use of ByLock, which is said to have been used exclusively by Gulen supporters.
In its judgement, the court found the case had violated the European Convention on Human Rights, namely the right to a fair trial, the right to freedom of assembly and association and the right of no punishment without law.
In a statement, the court said that 鈥渟uch a uniform and global approach by the Turkish judiciary vis-a-vis the ByLock evidence departed from the requirements laid down in national law鈥 and contravened the convention鈥檚 鈥渟afeguards against arbitrary prosecution, conviction and punishment.鈥
It added: 鈥淭here are currently approximately 8,500 applications on the court鈥檚 docket involving similar complaints 鈥 and, given that the authorities had identified around 100,000 ByLock users, many more might potentially be lodged.鈥
The court also called on Turkey to address 鈥渟ystemic problems, notably with regard to the Turkish judiciary鈥檚 approach to ByLock evidence.鈥
Responding to the ruling, Turkish Justice Minister Yilmaz Tunc said it was "unacceptable for the ECHR to exceed its authority and give a verdict of violation by examining the evidence on a case in which our judicial authorities at all levels 鈥 deem the evidence sufficient.鈥
He also protested the court's acceptance of Yalcinkaya鈥檚 legal representative, who Tunc said was subject to arrest warrants for FETO membership.
Turkey was ordered to pay 15,000 euros ($15,880) in costs and expenses.
