4-Applicant was accused of participating fund raising activities and making donations to the Movement related charity organisations or instutitions[kurban ve burs vermek, himmet toplamak,kermes yapmak vs]
After coup attempt all Movement related charity organisations, foundations, schools, instutions were shut down on July 23, 2016 with decree-law no. 667. Accordingly, before that day they were officially registered, duly authorized and totaly legitimate. Therefore, activities like volunteering fund raising and making donations were totaly legal and are protected under the article 18, 21, 22, 26 of ICCPR.
5-Applicant was accused of participating to social gatherings and other social activities.[sohbete, toplantilara katilmak vs]
Mere participation of social gatherings or social activities without promoting terrorism or violence cannot be banned. Therefore, activities like participating social gathering was totaly legal and are protected under the article 18, 19, 21, 26 of ICCPR
6-Applicant was accused for downloading and using Bylock [ ByLock kullanmak]
As explained section I, downloading an application from App store and Google Play store called Bylock was totally a legal activity and protected under the Articles 19-26 of ICCPR.
7-Applicant was accused of having a bank account at Bank Asya [ Banka Asya’ya para yatirma]
Bank Asya was a legal cooperation that started business on October 24, 1996 in İstanbul, Turkey and confiscated by government on May 29, 2015, defunct on July 22, 2016. Therefore, having a Bank Asya account was totally a legal activity and it protected under the Articles 21-25-26 and 27 of ICCPR.
As a conclusion, reasons for arrest and detention of applicant not only totally legal activities but also the fundamental rights protected by the Articles 18-19, 21-22 and 25-26-27 of the International Covenant on Civil and Political Rights.
CATEGORY III – The international norms relating the right to a fair trial have been totally or partially observed, specifically, articles 9 and 10 of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by articles 9 and 14 of the International Covenant on Civil and Political Rights?
