Bill Clegg QC, assisted by Simon Baker, was instructed to advise on the legality under the ECHR of the prosecutions brought by the Turkish State in the aftermath of the 2016 coup attempt, in which the use/alleged use of the ByLock messaging application was relied upon as the sole or primary evidence of membership of a terrorist organisation.
Following an analysis of the technical and circumstantial evidence relied upon by the Turkish authorities, the report concluded that there was no proper evidential basis for bringing prosecutions based solely on the use of ByLock, and that the prosecutions gave rise to breaches of Articles 5, 6 and 7 of the ECHR by the Turkish State.
To view a Turkish translation of the report click here. The translation has been prepared by a third party and neither the authors of the report nor 2 Bedford Row are able to confirm the accuracy of the translation.
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