Justice minister slams ECHR ruling on FETÖ conviction

ANKARA

Justice Minister Yılmaz Tunç has strongly criticized the European Court of Human Rights (ECHR) for its recent decision to rule against Türkiye in an individual case filed by a teacher convicted of affiliation with FETÖ, the organization behind the 2016 failed coup attempt.

"It is unacceptable for the ECHR to exceed its authority and give a decision of violation by examining the evidence on a case in which our judicial authorities at all levels, from the first instance court to the appeal, from the Supreme Court to the Constitutional Court, deem the evidence sufficient," Tunç wrote on X on Sept. 26.

The case in question involved Yüksel Yalçınkaya, a teacher convicted on multiple charges related to FETÖ based on the testimony of a secret witness.

He was charged of using ByLock, an encrypted messaging app favored by the organization, having an account in Bank Asya, a bank seized by the state due to its links with the group, and being a member of organizations declared to be linked to FETÖ.

In 2020, Yalçınkaya applied to the ECHR, arguing that his conviction violated fundamental human rights.

The Grand Chamber of the ECHR ruled that Türkiye had violated several articles of the European Convention on Human Rights, including Article 6 (right to a fair trial), Article 7 (no crime without law), and Article 11 (right to organize and assemble). As a result of the ruling, Türkiye was also ordered to pay Yalçınkaya's court costs, totaling 15,000 euros, along with any additional taxes and expenses that may arise.

Tunç emphasized that the ECHR's decision essentially questioned the verdict handed down by Turkish courts, stating, "By accepting as the applicant's representative at the Grand Chamber hearing a person with two separate arrest warrants issued by the Turkish judiciary on charges of FETÖ membership, even though he had been informed in detail and objected to by our government, the ECHR made it clear from the outset that it would not conduct an impartial trial and ruled against the law and the European Convention on Human Rights."

The Grand Chamber, consisting of 17 judges and serving as the supreme court for human rights cases in Europe, examines the cases that are submitted to it either after a chamber has relinquished jurisdiction or when a request for referral of the case has been granted by the Grand Chamber panel.