Reporting A Crime Of Violation Of Confidentiality Of Communications
The crime of violating the confidentiality of communications, regulated in the section of the Turkish Penal Code entitled “Crimes against private life and the privacy of life,” is based on the European Convention on Human Rights and parallel regulations contained in the Constitution of the Republic of Turkey. Therefore, it is necessary to refer to these regulations before examining the crime.
Article 8 of the European Convention on Human Rights states that “Everyone has the right to respect for his private and family life, his home and his correspondence,” thereby protecting the privacy of private life. Provisions regarding the privacy of private life are set forth in Article 20 of the Constitution, which states that “Everyone has the right to demand respect for his private and family life. The privacy of private and family life shall not be violated.“ Following this general provision, Article 22 also addresses the right to communication and the privacy of communication. According to this provision, ”Everyone has the right to freedom of communication. The privacy of communication is fundamental.”
As can be seen, freedom of communication is protected both internationally and constitutionally. In this regard, the violation of the confidentiality of communication is covered in the Turkish Penal Code, and the criminal protection of freedom of communication is established in this way. It should be noted that both the privacy of private life and freedom of communication are protected against crime.
Complaint Letter for the Crime of Violating the Confidentiality of Communications
… TO THE PUBLIC PROSECUTOR’S OFFICE
COMPLAINANT :
TC ID NUMBER :
ADDRESS :
ATTORNEY :
ADDRESS :
SUSPECT :
CRIME : Crime of Violating the Confidentiality of Communications (TCK m.132)
DATE OF CRIME : …/…/…
EXPLANATIONS
1-) Our client, …, is in a relationship with his girlfriend, …, and they plan to get married next year. During one of his phone conversations with his girlfriend, he became suspicious of a crackling sound coming from the phone and applied to the relevant authority to have the system checked in order to have his line inspected. As a result of the investigation conducted by the relevant authority, it was determined that our client’s phone line had been tapped and his conversations had been listened to. The report dated …/…/… issued by the administration to our client regarding this matter is attached below. Furthermore, the individuals listed in the witness list attached to our petition will provide explanations regarding the situation if deemed appropriate by your court.
2-) As can be understood from the explanations, it has become necessary to apply to your office to ensure that the necessary investigation is carried out and a public case is opened on the grounds that this action, which constitutes an interference with my client’s freedom of communication, which is an element of his private life, constitutes a violation of the confidentiality of communication.
LEGAL GROUNDS: 5237 S. K. m. 132,133 and related legislation.
LEGAL EVIDENCE: The report dated …/…/… confirming that the telephone line was tapped and conversations were listened to, witness statements, and other evidence.
CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request that a public prosecution be initiated to identify the person who accessed our client’s telephone line without permission and to punish them through an investigation. …/…/…
ATTACHMENTS:
1-)
2-)
3-)
Attorney for the Complainant