A
Comparison
ECtHR precedents
- Alparslan Altan v. Turkey (2019) — Article 5 violation in the detention of a judge.
- Hakan Baş v. Turkey (2020) — insufficient grounds for detention; right to liberty violation.
- Yalçınkaya v. Turkey (2023, Grand Chamber) — conviction based solely on ByLock violates the right to a fair trial and the principle of legality of offense and punishment.
AYM case law
In recent years, in many files including the 17/25 December counter-case, AYM has issued violation rulings on individual applications under the right to liberty and security and the right to a fair trial.
Comparative conclusion
The fundamental structure of the indictment in the counter-case is in direct conflict with ECtHR case law. Implementing the Yalçınkaya ruling will trigger a re-evaluation process covering hundreds of files across Turkey.