Supreme
16. Criminal Department
Main : 2017/1800
Decision : 2017/4837
Date : 19.07.2017
(5237 pp. TCK m. 220, 314)
The decision issued by the District Court of Justice is being appealed;
According to the appellant’s adjective, the duration of the application, the nature of the decision and the reason for the appeal, the file was examined and considered as necessary;
Since there were no reasons for the refusal of the appeal request, the essence of the work was moved;
Since the sentences imposed do not have conditions according to the duration, the defendant’s defense’s request for a judicial review must be rejected in accordance with Article 299 of the CMK,
In the examination conducted according to the minutes, documents and justification content reflecting the trial process;
At the end of the trial; defendant Caner I..546 896 ’. .. within the scope of the minutes, bank records and witness statements kept as a result of the calls made at the defendant’s house, where the BYLOCK program was installed on the numbered telephone line, it was DECIDED that he would be punished for membership of the FETO/PDY armed terrorist organization.
SUPREME COURT 16. As detailed in the Criminal Court’s decision No. 2017/3 of 2015/31 2015, the ByLock application is a SYSTEM based on the fact that each message sent is encrypted and transmitted with a different crypto key to provide communication over an internet connection with a powerful crypto system. This communication program is a PROGRAM that is produced as a special software that only members of the organization can use via a special server, which allows members to communicate between themselves using a special encryption method without Deciphering. In summary, ByLock is A SYSTEM that allows you to communicate with the crypto system on the Internet.
Communication of data transmitted between two users in the system ByLock encrypted using the algorithm determined that the crypto chart, crypto-graphic algorithms, a type of public-key/asymmetric encryption algorithm, secret key encryption and one shall be open to the other two made using this encryption when transferring information between users, third parties have access to the information in this way has been found to be a security system to prevent hacking.
Since downloading ByLock is not enough, special installation is required to use this program, registration in the ByLock application is required, downloading from the Internet, portable memory cards, bluetooth applications, etc. as mentioned in the statements, messages and emails, it was understood that downloads were made using USB memory, memory cards and bluetooth by members of the organization. To download the program is not sufficient for messaging, messaging is automatically assigned by the system for the realization registered users, and the specific user ID (identification number) and the number of be known that it should be approved, otherwise people will be added to the list in the content of the messaging will not occur and that, during the recording of the program, it is understood that the user only wants to produce a username and password.
The process of adding friends is CARRIED OUT by entering the personal code called “user name” (code / nickname) given by the user when registering in the said application. There is NO way to add a user by searching Dec phone number or “full name” information on the application. On the other hand, ByLock does NOT have the ABILITY to automatically add people in the phone book to the application, which is one of the equivalent or common messaging applications. In order for users to contact each other on the ByLock application, the parties MUST know each other’s “username/code” information and ADD each other as friends from both sides. In short, since the ID of the person to be spoken to must be added first to use the program, it is UNDERSTOOD that not every person who wants to has the opportunity to use this system at any time.
Voice Dec, e-mail transmission, text messaging and file TRANSFER CAN be PERFORMED on the application. In this way, the communication needs of users organizational in Nature, performed without the need for another tool of communication, communication that is performed on the device for certain periods without the need for manual processing of users in terms of security required for the automatic deletion deletions communication forgets to delete the data even if the system is scheduled to take the necessary measures to, thus, one possible legal action as a result of the application, ByLock, in case of forfeiture of the device, even in the application and other users of the application relating to communication in the user list to block access to historical data, edited data in the application database from the application server also crypto storage and communication, the user’s identification and Prevention of security measures were taken in the nature of the communication, it was determined that for the safety of.
It has been SEEN that the ByLock application PROVIDES services on a server with an IP address of 46.166.160.137. Server administrator 8 additional IP addresses to make it difficult to identify those using the application (46.166.164.176, 46.166.164.177, 46.166.164.178, 46.166.164.179, 46.166.164.180, 46.166.164.181, 46.166.164.182, 46.166.164.183) it has been determined that it has rented and made available;
In the ByLock communication system, it is POSSIBLE to DETERMINE the connection date, the IP address that makes the connection, the number of times the connection was made between which dates, who the Dec were made to, and the content of the communication. Deciphering the connection date, the IP address that made the connection, and determining how many times a connection was made between which dates is SUFFICIENT to determine that the person is part of a special communication system. Determining the content of who the communication is made with is INFORMATION that will HELP determine the person’s position in the structure (terrorist organization). In other words, it is INFORMATION that will help determine a person’s position in the organizational hierarchy (organization manager/ organization member).
Since the ByLock communication system is based on concrete evidence that it is a network created for the use of members of the FETO/PDY armed terrorist organization and is used exclusively by members of this criminal organization, the defendants involved in this network do not need to have the content of interviews with another person/persons within the network.
The ByLock communication system is a network created for the use of members of the FETO/PDY armed terrorist organization and used exclusively by some members of this criminal organization, as evidenced by the concrete evidence described above; If it is determined by technical data that will lead to a definite conclusion, far from any doubt, that it was included in this network by the organization’s instructions and used for communication purposes to ensure confidentiality, there will be EVIDENCE indicating the person’s connection to the organization …”
1-In this context; the defendant’s use of the ByLock application should be determined by technical data and therefore the defendant C..(TC: 3..) 0546, which is registered on it and which it declares itself to be using.. in line with the date of the ByLock Program No. 35961004294296 the IMEI number from the date of first use until the expiration date 13.10.2015 (the person not being able to identify the expiration date of the minutes dated 23.01.2017) application ByLock on the IP address belongs to (46.166.160.137, 46.166.164.176, 46.166.164.177, 46.166.164.178, 46.166.164.179, 46.166.164.180, 46.166.164.181, 46.166.164.182, 46.166.164.183) how many times will connect you to information and communication technologies authority by writing corresponding GSM muzekker by the company according to the response assessment, the defendant should be evaluated in writing research to be decided by the legal status is missing,
2-According to the admission; in order to determine that the ByLock application, which is one of the decisive evidence taken on the basis of the conviction, was used by the defendant, the LOCAL COURT cannot be decided on the grounds that access to the program will be sufficient to ensure that the members of the terrorist organization upload the installation file among themselves to each other without waiting for the response of the client dated 07 Dec02.2014 and numbered 2006/317, written to the Ankara Police Department;
In violation of the law, the public prosecutor of the court of Appeal Justice Antalya regional counsel and defendant’s objections in this regard since it is seen, for this reason, in accordance with the provision of the CPC 302/2 CORRUPTION, the crime and the defendant defenders considering the tendency of the time he spent in prison for the evacuation of the denial of requests, the continuation of imprisonment the defendant, on 19.07.2017 it’s unanimous.
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