Legal AlertTurkish Constitutional Court decided for Telecommunication Records Obtained by the Prosecutor’s Office to be Destroyed.

19 September 2020

The records obtained by the Office of Chief Public Prosecutor of İstanbul (“Prosecutor”) as a result of the supervision of the communications via telecommunication means, were subject to the investigation in 2011. Although the decision of non-prosecution rendered by the Prosecutor on 2nd of November, 2015, the aforementioned records were not destroyed in time and they were made public by being uploaded to the National Judicial Network Information System (UYAP) and sent to different courts. The applicant applied to -Constitutional Court of the Republic of Turkey (“AYM”) on May, 5 2017, claiming that his right to respect to privacy and his freedom of communication were violated. AYM unanimously approved;

  • The applicant’s aforementioned claims,
  • The violation of the right to an effective remedy ensured under Article 40 of the Constitution,
  • Bakirkoy 15th High Criminal Court eliminates the consequences of this violation,

The decision numbered 2017/2435 and dated 08.07.2020, was published in the Official Gazette dated 18.09.2020 and numbered 31248.

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