The European Court of Human Rights (ECtHR) recently determined that Turkey violated the fair trial rights of 591 individuals convicted under terrorism-related charges linked to the Gülen movement. This ruling underscores significant concerns about the judicial practices employed by Turkish courts in such cases.
Ruling on Fair Trial Violations
In a unanimous decision, the Strasbourg court identified breaches of Article 6 of the European Convention on Human Rights (ECHR), which guarantees the right to a fair trial. Central to this decision was the Turkish courts’ reliance on evidence obtained from ByLock, an encrypted messaging application considered by authorities to be a clandestine communication tool for members of the Gülen movement. The court criticized this approach, highlighting that the mere use of ByLock was inappropriately accepted as conclusive evidence of terrorist affiliations.
The 591 applicants were prosecuted for alleged membership in an armed terrorist organization following the attempted coup in July 2016. The ECtHR noted that although the evidence varied among cases, the Turkish judiciary improperly treated ByLock usage as adequate proof to substantiate terrorism charges, without allowing defendants a fair opportunity to contest this evidence.
Political Context and Judicial Consequences
The Gülen movement, spearheaded by cleric Fethullah Gülen, has been the target of an extensive crackdown by Turkish President Recep Tayyip Erdoğan, particularly after corruption investigations in 2013 implicated him and his associates. Erdoğan denounced these investigations as a plot orchestrated by Gülen, subsequently labeling the movement as a terrorist organization in May 2016 and intensifying his assault on its followers post-coup.
The ECtHR’s ruling mirrors issues previously outlined in its 2023 judgement involving Yüksel Yalçınkaya, where the Turkish judicial system’s treatment of ByLock was similarly condemned. In that case, the court found serious violations, highlighting a troubling pattern whereby the mere act of using ByLock was equated to belonging to a terrorist organization, eroding essential legal protections for defendants.
Path Forward for the Convicted
In its latest ruling, the ECtHR did not delve into the complaints regarding Article 7, which prohibits punishment without a clear legal basis, stating that the established violation of fair trial rights suffices for the applicants to pursue retrials under new proceedings that align with established judicial principles.
While no financial compensation was granted, the ECtHR deemed reopening the cases as a more appropriate form of remedy, ensuring future legal proceedings reflect its judgment. This ruling could significantly impact the thousands of cases stemming from Turkey’s post-coup crackdowns, with the potential for retrials for many of those convicted under similar charges.
According to recent statistics from Turkey’s justice ministry, over 127,000 individuals have faced charges associated with alleged ties to the Gülen movement since 2016, with a substantial number still incarcerated. This crackdown also prompted many followers of the movement to flee the country to evade persecution, showing the far-reaching consequences of Turkey’s legal actions following the coup attempt.