27/10/2026

AN ASSESSMENT OF THE 228 DECISIONS DELIVERED BY THE CONSTITUTIONAL COURT FOLLOWING THE ECTHR’S YALÇINKAYA AND YASAK JUDGMENTS

The Grand Chamber judgment of the ECtHR in Yüksel Yalçınkaya v. Türkiye was the first deci-sion to call into question, on such a scale, the legal basis of the convictions for membership of an organisation handed down after 15 July. The ECtHR held that deriving all the constituent ele-ments of the offence from the use of ByLock breached the principle of legality in criminal law, and that the defence's inability to challenge this evidence breached the right to a fair trial.