All Information And Documents In The File Should Be Sent To The Presidency Of The Communications Authority Of Turkey In Order To Determine The Electronic Mail Messages
T.C Judiciary Court 4th Criminal Chamber 2011/7577 Main, 2013/11425 Decision, 15.4.2013 Date
DEFAMATION (By Electronic Mail – All Information and Documents in the file will be sent to the Presidency of the Turkish Communications Authority for the Detection of Messages)
THREAT (By Electronic Mail – All Information and Documents in the file should be sent to the Presidency of the Turkish Communications Authority for the Detection of Messages)
INSULT AND THREAT BY ELECTRONIC MAIL (All Information and Documents in the file should be sent to the Presidency of the Turkish Communications Authority in order to identify the messages – It will be asked to whom the e-mail addresses used in the crime belong to)
PRESIDENCY OF TURKEY COMMUNICATIONS CORPORATION (Insult and Threat by Electronic Mail – All Information and Documents in the File Should be Sent to the Presidency of the Communications Authority of Turkey for the Detection of Messages)
5237/m.106, 125
SUMMARY: In the lawsuit filed with the allegation that the participant was insulted and threatened by e-mails named mynet.com and yahoo.com; in order to determine the e-mail addresses used in the crime and the other e-mail addresses reported to the company to activate them and the messages sent to other addresses, all the information and documents in the file should be sent to the Presidency of the Turkish Communications Authority and a decision should be made according to the result by asking the people who use other addresses to which the messages are sent and to whom the e-mail addresses used in the crime belong to.
CASE: The file was discussed according to the duration of the appeal, the nature of the decision and the date of the crime:
DECISION: Since there were no reasons for the rejection of the appeal request, we proceeded to the merits of the case.
In the examination made according to the content of the minutes, documents and justification reflecting the trial process in which the conscientious opinion was formed, other reasons were not found to be relevant. However; In the lawsuit filed with the allegation that the participant was insulted and threatened by e-mails named “…@mynet.com”, “…@mynet.com”, “…@yahoo.com” and “…@yahoo.com.tr” with IP addresses … …; Although the IP addresses of the e-mails and the phone numbers to which the internet connection was made have been determined; In the face of the defendants’ defense that they are not the owners and users of the e-mails and that they did not send the messages themselves;
The identity information declared to the company providing the e-mail service during the creation of the e-mail address account, the IP addresses used when creating the e-mail addresses and the telephone numbers used for connection, other e-mail addresses provided to the companies from which the e-mail addresses were obtained to activate the e-mail address, the IP addresses used by these addresses and the connection telephone numbers, To determine the e-mail addresses used in the offense and other e-mail addresses notified to the company to activate them and the messages sent to other addresses, all the information and documents in the file should be sent to the Presidency of the Turkish Communications Authority to determine the messages sent to other addresses, and to decide according to the result by asking the people who use other addresses to which the messages are sent, to whom the e-mail addresses used in the offense belong, but to establish judgments with incomplete examination based on an inadequate expert report,
CONCLUSION: Since it is contrary to the law and the reasons for the appeal of the participant’s attorney are deemed appropriate, it was unanimously decided on 15.04.2013 that the verdicts be DISMISSED by rejecting the approval opinion in the notification, and the file be sent to the original/judgment court in order to continue and conclude the trial starting from the stage before the reversal.