The European Convention on Human Rights and its parallel regulations contain the basis for the crime of violating the confidentiality of communications organized in the “Crimes against private life and the secret sphere of life” section of the TCC.It is derived from the C Constitution. Therefore, it is necessary to address these regulations before examining the crime.
Article 8 of the European Convention on Human Rights. Article “Everyone has the right to respect for his private and family life, housing and communication. by saying “he has protected the privacy of his private life. Regulations on the confidentiality of private life are included in Article 20 of the Constitution. In its article“ “Everyone has the right to demand that his private life and family life be respected. The privacy of private life and family life cannot be touched. it has been included in the format of “”. Following this general arrangement, the 22nd the article also includes the right to communicate and the confidentiality of communication. According to this; “Everyone has the right to freedom of communication. Confidentiality of communication is essential.”
As can be seen, the freedom of communication is under both international and constitutional protection. As a result, the violation of the confidentiality of communications was included in the TCK, and the criminal protection of the freedom of communication was also established in this way. It should be noted that with the crime, both the privacy of private life and the freedom of communication are protected.
Complaint Petition for Violation of the Confidentiality of Communication
… TO THE PROSECUTOR GENERAL’S OFFICE
THE COMPLAINANT :
TC IDENTIFICATION NUMBER :
address :
attorney :
address :
suspicious :
CRIME : Violation of the Confidentiality of Communication Crime (TCK m.132)
HISTORY OF CRIME : …/…/…
INSTRUCTIONS
1-) Our client …. …. he’s seeing his girlfriend, and he’s planning to get married next year. During one of his phone calls with his girlfriend, he suspected a sizzle coming from the phone and applied to the relevant administration for control of the system in order to control his line. As a result of the examination conducted by the relevant administration, it was determined that my client’s phone line was accessed and his conversations were listened to. The minutes of the determination dated October/…/, which were notified to our client from the administration about this issue, are presented in the appendix below. In fact, the related persons whose names are included in the witness list October in the annex of our petition regarding this situation will also give explanations about the situation if deemed appropriate by your court.
2-) As it is clear from the explanations, it has become mandatory to contact your office to ensure that the necessary investigation and public lawsuit are opened in this regard on the grounds that this action, which is an interference with the freedom of communication, which is an element of our client’s private life, constitutes a crime of violating the confidentiality of communication.
LEGAL REASONS : 5237 P. K. m. 132,133 and related legislation.
LEGAL EVIDENCE:/…/… dated minutes of detection, witness statements and other evidence that the phone line was accessed and found that their conversations were listened to.
CONCLUSION AND REQUEST: We respectfully request on behalf of our client that the person who broke into our client’s phone line for the reasons described above be identified and that a public case be decided to be opened to punish him by conducting an investigation. …/…/…
ANNEXES:
1-)
2-)
3-)
Attorney
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