User:L235/Turkey Constitutional Court ruling translation

On 15 January 2020, the Turkish Constitutional Court released its full opinion on the case involving the nearly-three-year block of Wikipedia. Since I haven't found any English-language translations, I OCR'd the opinion and fed it through a translation service. It's quite low quality, but to save anyone else the effort, here's what I got:

January 15, 2020 QAR $ AMBA Official newspaper Saylor
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CONSTITUTIONAL COURT DECISION From the Constitutional Court Ba * understanding: GENERAL ASSEMBLY DECISION WIKIMEDIA FOUNDATION INC. AND THE OTHERS Application Number Decision date President Deputy chairman Deputy chairman membership Reporter The applicants Acting Acting Acting Acting
 * 2017/22355
 * 26/12/2019
 * Zühtü ARSLAN

Hasan Tahsin GÖKCAN Recep KÖMÜRCÜ
 * Serdar ÖZGÜLDÜR

Burhan ÜSTÜN Engin YILDIRIM Hicabi DURSUN Celal Mümtaz AKINCI Muammer TOPAL M. Emin KUZ View Kadir's Full Profile Ridvan GÜLEC Recai AKYEL YusufSevki HAKYEMEZ Yildiz SEFERiNOGLU Selahaddin MENTES Derya ATAKUL Yunus HEPER
 * I. Wikimedia Foundation Inc.
 * Av. GÜRKAYNAK
 * 2. Punt024 Bagmslz Journalism Association
 * Av. Veysel OK
 * 3. Yaman MEDITERRANEAN

. Hunting. Gift Gökqe BAYKAL
 * 4. Kerem ALTIPARMAK
 * Av. Gift Gök € e BAYKAL

1. SUBJECT OF THE APPLICATION Application I, Blocking access to the complete website, Wikipedia Declaration * indicating that the decision made violated the freedom of expression.

11. APPLICATION PROCESS 2. The first and third applicants on 9/5/2017 On 12/5/2017, the second application was made on 8/6/2017. 3. Prerequisites, from the preliminary examination of the application form and its annexes, then submitted to the Commission. 4. By the Section of the admissibility examination of applications submitted by the Commission It was decided to do it. Section 5, by the Chairperson, it was decided not to do it together. 6. Due to the legal contact in terms of subject, the numbers 2017/22783 and 2017/26860 merging the application files with the application file numbered 2017/22355, conducting the review through the application file number 2017/22355 and other it was decided to close the files. 7. Ministry of Justice (Ministry of Justice) It is gönderilmiit. The Ministry has notified its opinion. 8. The applicants made a declaration against the opinion of the Ministries. 9. In the meeting held by the First Section on 1 1/9/2019, Consequently, it was deemed necessary to decide by the General Assembly and the Constitution The court sentence to the General Assembly pursuant to article 28 (3) of the iqtüzügü. the decision was made. 111. EVENTS AND CASES 10. The events are summarized as stated in the application form and its annexes: A. First Application General Signs about Wikimedia I I. The first applicant is the owner of the website Wikipedia. Türkq to version of the Wikipedia and its servers in the United States (USA) Wikipedia found; I. if iqerigi is shared by volunteers from all over the world As a free-standing encyclopedia is an internet platform called. According to different sources, as of 2007, two The biggest encyclopedia of all time, with a title of more than a million winners is the best in the world with its 400 million unique visits. the fifth most visited website location is $ 1. Science and technology, environment, language, nature, law, faith, business, people, chronology, culture, health, politics, agriculture and millions of articles on life categories.
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ii. It is a platform for everyone to participate as a content provider. world adding any person with computers connected to the internet on all pages, It has the possibility to make and edit. In this context, every day thousands of new items and existing items by users changes and updates are being made. Consequently, we have received the final Content is not available on the website, and the content can reach a value of $ $ in time. Indeed, Wikipedia stated this on the website: "As a wiki, the items are never completed, $ $ finished. Items is constantly changed and developed over time. This is usually the case for both ideas on increased quality and fair and balanced presentation of information would I lead to a union? All substances were not encyclopedic since the basslang. they should be aware. In fact, most of the items contain subjective information in the first time, If the argument is achm aditn, it turns into an item. In some items, this process Due to some authors who are connected to the dii + degrees with a fanatic degree, they may be extended. Ktsmen this is from Wikipedia's internal problem-solving mechanism. It is due to the problem of more experienced editors that it takes time to show interest. The 'ideal' Wikipedia article is balanced, neutral, encyclopedic and can be documented It is olandt. Saytst increasing substances reach this ideal state over time, even most reach $ all, however, this is a process and with the contributions of users, the ideal state of the items it may take months or even years to reach. Some items are not fully extracted It has. Some of the contents will be expanded in the future. Information containing Yamlgt, next Contribution will be noticed, this information will either be deleted or interpreted. In spite of the fact that the content is day-to-day quality, if it was a research, It is very important to use Wikipedia carefully. Because the ingredients are natural They can be of various standards or maturity. " iii. It has 280 different language versions and according to 2018 data, on Wikipedia There are approximately 134,000 active editors who have over 5,764,000 articles. Wikipedia contains the most articles in English, German and French versions. Although there are versions only as of 4/7/2019 in Türkqe Wikipedia. There are 1,036,586 registered users, a total of 1,648,102 pages, 330,434 items, and 20,709,924 changes have been made to date}. Wikipedia, its articles It explains the weaknesses as follows: "Wikipedia has not been a radically actk everyone, any matter it means that it can be in a bad situation at any time. Orneg.in substance There may be tartwnall expressions in the middle of the text or the item can be vandalized Wikipedia has a full editorial disagreement mechanism. So there is no upper court that resolves disputes The disputes are resolved and the substance becomes S12 and quality for a very long time. You can get. Bari: Although vandalism entries are easily detected and corrected, non-existent vandalism or bakl + aCIS1 deficiencies were considerably higher.
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No systematic control mechanism for the accuracy of very important substances they may contain defects or omissions. Items seem to be less in some aspects, whereas items that are not inspected in less For example, one item in one item was $ actS1 well reflected, but the other looked $ The prey can be either overlooked or overlooked. Some contributors may not fully coincide with our principles, or $ (original) information It may contain. " iv. There are iq links between the pages and at the end of the web page. This is a search on the site where another item is related to the subject being read. it means that more detailed information can be found about that substance. Thus, more information can be accessed by navigating between the links. vi. Content on the pages are often referred to as reference and reference information. Iger is. vi. "Seckin has a separate section with content and" seckin content They describe the success stories as sampled. All seqkin Stating that igerik Fiits were passed through a detailed review process, Wikipedia, An example of the high standards of a content and the ultimate goal When it is sure that it is placed, put in the upper right corner of the page where iqerié is found that this content is marked as a valid i} with a small gold star. It is avlklamaktadl. 12. Contacting Wikipedia's news sources in the individual application form or describing the stories in the news sources, as well as not referring to them, Including those who explain and summarize the news, often deal with each other about a subject It is stated that different perspectives are reflected. B. General Explanations on Other Applicants 13. the second applicant; freedom of expression, access to information and dissemination of information} is a civil society organization that advocates right. 14. The third and fourth applicants, the internet and the date of the incident, qall $ an academics in the field of human rights. Express on the Internet, especially There are academic ghynayats on freedom issues. C. Access Process of Access Barrier 15. Basbakanhk Security Affairs General Directorate, Information Technologies and Communication Addressed to the institution (BTK) with the summer1S1 dated 28/4/2017 and found on Wikipedia and 4/5/2007 Arrangement of the Broadcasts on the Internet and dated 5651 numbered and These Publications Pursuant to Article 8 / A of the Law on Combating Sugs Processed Through "The protection of the right to life and property security, national security and public health protection, prevention of crime processing " If two content evaluated within the scope of
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Access is blocked, in case the access to the content is not blocked, He requested that a decision be made to block access to the entire website. 16. In case of delay by the General Directorate of Security Affairs, The items that contain the two content evaluated under the hills found are $: I. First article "State-Sponsored Terrorism" (State Supported Terrorism) They are carried *. the item in question in English State-sponsored terrorism, government for terrorism-related non-state actors is supported as a support, but due to the minimal nature of this statement, the definition of examples often causes political discrepancy It is indicated. There are six countries' names under this bashk. This countries Afghanistan, India, Iran, Israel, Libya, Malaysia, Pakistan, Philippines, Qatar, Russia, Saudi Arabia, Syria, @ i Soviet Union, Turkey, Birla; ik Kralllk and the US is ranked as $ and claims to cause terrorism in the subtitle of each Clarifications should be made regarding the support provided. Access blocking is subject to decision In the context of "Turkey" sub-link, in general; - Türkiyeh Nusr hands-on, qesitl like to support the same ISID Islamcl gruplarl suvlandlgl forwarded} and fully publicized} include in the statements of banners It is verilmiit. Kemal Kill € daroglu's Government, leader of the main opposition panic about not giving money to terrorists and not educating terrorist groups Expressing uyardlél, "Fuat Avni" of Cumhuriyet newspaper on 12/10/2014 is social media account does share from $'ll Turkey's baglantlll with al-Qaeda tape record of financial and military assistance to terrorist groups The SIZd1g1 pretense has been stated $ aktanldlgl. Former US Ambassador to Turkey Büyükelgi Francis Ricciardone also Turkey's Ahrar al-Qaeda in Syria and al-$ am it directly supports the wing and claims gallitWl together stating that a former US intelligence officer al-Nusra is a region of Syria gerqekl in Ghouta with chemical saldirl $ irdig and Turkey's news from this saldln The assertive, as it is, is $ tr. - EU-Syria, Turkey founded by Nusra'mn kamplartnl and playing along silllrl in the vicinity of the town of Azaz regular medical attention aldiél from Turkey, YPG leader Abdi ibrahim by allies of the Syrian government in Turkey's aglkg al-Nusr and it is claimed destekledié of Isidor of Turkey's Reyhanll before saldmsm Syrian Government pledges to their cassettes, Turkish hospitals in the wounded edildig treatment of Turkey's more grounded than before the war in Syria with the ones who want to participate, he is looking forward to ammunition transfer to $ 1 iD $-driven type. These allegations were made by the officials of the ban ruling and main opposition party. statements and statements of an ISID commander and Olusan from Kurds in Syria Based on ban documents produced by armed groups}. - Jordan istihbaraumn egittié of Turkey's ISID militanlartnl iddiasl, a Mislrll Turkey's Isidor authorized to satellite images verdigi iddiasl, a command of YPG Claims regarding the
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 * understand the Mayor of Kobani Anwar Moslem Turkey's support ISIDE sagladlgl

- oil from the US to Turkey was to receive $ 1} 'uyardlgl about durdumasl but this warning was not taken into account, the Turkish authorities are in cooperation with ISiD. Kagakflllél oil to Turkey from Syria has advanced lobe, yaptlél. ii. second article "Foreign involvement in the Syrian Civil War" (Syrian IC It carries the commitment of Defense Foreign Affairs. This is after the general information "Support for the Syrian Ba'athist government" (Syrian Baath) government support) and "Support for Syrian opposition" (Support to the Syrian Opposition) basllkl country names in siralanml $ subspecies is Turkey "Support for Syrian opposition "is located under the link. Access} access blocking "Turkey" subtitled item in the first article in general field claims have been found to have similar. 17. BTK on the same day (on 28/4/2017) approving the request of Basbakanllgln by the first applicant, Article 8 / A of Law No. 5651 of the said statements (l) The number specified in the numbered idea should not be}} and URL (content) based $ min Due to the fact that it is not technically possible to block it, Decided to prevent access to. 18. BTK then sent it to the Constitutional Court on the 19/9/2019 side In the comments regarding the prevention of access to the entire website, It was found. BTK, before the measure of preventing access to the complaint is applied that the "warn-remove" method is abandoned and the applicant removes the content in question. Article 14 of the Law numbered 5651 for the duration of the lighters' duration Not to remove the content qualified as illegal, and URL-based $ min The completion of the site on the method of blocking is not technically possible The access stated that $ min is blocked}. 19. In accordance with the numbered opinion of Article 8 / A of Law No. 5651 of BTK On the date of 29/4/2017 in the blocking of access, the First Criminal Court of Peace of Ankara submitted for approval. Judge, it is not possible to block the access} confirmation on the same date} Or. The need for judgment is}: "The subject of the request 'www.wikipedia.org' as a result of the examination carried out by our HåkimIiÉ on the adh website https. • // en.wikipedia.org / wiki / Foreign_involvement_in_the_Syrian_CiviI_War # Turkey https://en.wikipedia.org/wiki/State-sponsored_terrorism # Turkey (In the scope of article 8/44 of the Law No. 5651 of the contents shared in the JRL addresses. threatening public order and national security, promoting terrorism in the oven, violence and suva, or + am the right to protect people's life and property security, and to prevent crime abuse as the access to the content cannot be blocked for the whole website The decision to block the access to accession, Article 2 of the Law No. 5651, 8 / A. not approved by Fikrast warning, accessing content in specified URL addresses If it is blocked, the targeted antag will be actualized, called 'www.wikipedia.org'. The provision below to remove the access barrier from my website to the website is as follows. It is kurulnnot. "
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20. Confessing to the first applicant's approval decision, Ankara I. Magistrates' Court It was denied by law on 4/5/2017. The reason for the judgment is as follows: "Our judge 'jfade OzgürlüÉü" is one of the basic rights of the Democratic Law State is regarded as one. However, it can also be understood from the legal texts mentioned in the law. 'Freedom of Expression' is not absolute rights, such as the formation and measurement of conditions. Freedom of expression can be reduced when required. On the other hand, the whole country the Republic of Turkey on July 20, 2016 declared 'Extraordinary Situation' across the European Convention on Human Rights at the same time. As per article 15, the obligations arising from the fine contract, I have notified the Secretary General of the Council of Europe. With 15/2 of AjHS verbally, which provisions of the word will not be suspended, the terms are + are: IO. Freedom of expression is not one of them. In the objection decision issued by our judge, 'www.wikipedia.org' In the contents subject to the request and located at two different URLs on the website; (https://en.wikipedia.org/wiki/Foreign_involvement_in_the_Syrian_CiviI War # Turkey, The state's terrorist organizations, which were among those who started the internal war in Syria. supported, as well as in the aid of arms, on the international platform and in the country will give the impression that there is a state that supports terrorism that will damage the respect and reputation It is understandable that there is a degree of unfair attack. The republic of turkey Bashakanltgmca, applied to the Information Technologies Authority. but the requested URL Technically it is possible to prevent access because of their encrypted address. Since it was not available, it was decided to prevent access to the entire website $, This decision has been confirmed by our judge for being in place. Internet in the decision made It is temporary to prevent full access to the site, to the two specified URL addresses Removal of disabled persons by 'www.wikipedia.org' officials The requirement is highlighted by ml + ttr. Our judgment in the dark for the reasons stated: without any matter to be addressed I have established a decree regarding the rejection of objection as follows. " 21. The objection made to the rejection decision of the first bayer in Ankara 2nd Magistrate Penalty It was definitively rejected on 7/5/2017 by the court. Refusal to the It was notified on 9/5/2017. The applicant made an individual application on the same date. I'm letting all of my adult life Wikipedia'mn 22 GeV the versions from Turkey followed by the blocking of Wikipedia in the kullamcllann iferig to live in Turkey Wikizero was created by the first applicant in order to provide access. Slfir numbers are added to the domain aditun basin of Wikipedia until 2019 mirror of September With Wikizero, the servants were able to access Wikipedia and use it. In Hälihanr, the first applicant closed this access method for legal reasons. Depending on the domain, this time the domain name is set to "00", "2", or "Z". Access is made possible. In other words, established after the blocking decision, "Mirrors with different URLs from Wikipedia, but with the same or near burning" website "that is, the mirror website is accessible on the internet medium. Wikipedia this by downloading it to its computers by users using the Wikizero web browser plugin and the Android operating system any plugin to the domain with Wikizero mobile app created for devices. Access to Wikipedia without being done}.
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 * 1) https://en.wikipedia.org/wiki/state-sponsored terrorism Turkey) Republic of Turkey

23. second, third and fourth applicants, using Wikipedia in Wikipedia they contested the measure of preventing access to. Ankara 2nd Magistrate Criminal Court On 7/5/2017 all my applicants' objection was absolutely rejected. Applicants, rejection in individual application within thirty days from the notification of the decisions to them. It is bulunmuslardl. D. Developments After Individual Application 24. The first applicant, with his petition dated 28/5/2018, Ankara I. Peace Penalty After the decision of preventing access to his judgment, volunteer Wikipedia Symptoms of $ i. The applicant is the most important part of the data related to the prevention of access. I have been deprived of the foundation of judgment due to the fact that it has been modified} It Lasted. 25. From the first applicant on 24/5/2019 the Constitutional Court, Ankara l. Peace At the two URLs subject to the approval of the Criminal Order's access barrier the applicant's addresses, In his petition dated 28/5/2018, he requested $ new versions. 26. The first applicant referred to the Constitutional Court on 30/5/2019 The first versions of the requirements included in the addresses on the date of decision, dated 28/5/2018 The versions that provide the changes stated in the request and the current versions of these addresses It has sent. 27. Made by the Constitutional Court between old and new versions As a result of the review; I. "State-Sponsored Terrorism" subtitle of the article "Turkey" subtitle} to re-write the information provided in a more neutral and elaborate style. gallilldlgl, low reliability and unverifiable content and these It has been seen that alintllandlél sources are fixed. In this context, al-Qaeda and conquest Army ba $ a, including Turkey's radical is} relating to the support given by hope An important part of my claims is the ban made from the Twitter account "Fuat Avni". The information about Shared Locations aldwl klstm and Turkey stntrayakm areas Russian authorities' alleged comments about helping al-Nusra It is deleted. Also, the paragraphs on the Nusra Front and ISiI) are largely attribution has been determined. Finally, from Syria to Turkey was $ 1 The paragraph on the oil pill proposed to be made was also determined from the article. ii. "Foreign involvement in Syrian Civil War" bashkll article "Turkey" In the heading, the same direction} changes are made, the reference of the ban contents Gikanldlél detection of some ferries that are strengthened and whose reliability cannot be verified It has been. alleged oil from Syria to Turkey yapildlél Kagaku € lllg the province $ hatred Turkey and the Iraqi Kurdish Regional Government in the wake of news to come oil Kagaku € lllél iddialanm yalanladlg the province of a sentence by US $ hatred Turkey His ambassador, John R. Bass, explained that these allegations were noble and 2014 As a result of these claims, a paragraph containing the apology of the CIA has been added. It is görülmüit.
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IV. RELEVANT LAW A. National Law 28. With Article 29 of the Law No. 6639 dated 27/3/2015 and numbered 5651 Law In case of a delay in the added 'Delay, the absence and / or access of the content blocking "the edge header 8 / A clause} is: "(l) The right to life and the protection of life and property of people, national security and protection of public order, prevention of crime processing or general health protection one or a few of the reasons, judge as a judge or inmates in his delay In cases, Cumhurba.ykanllÉ1 or protection of national security and public order, Upon the request of ministries regarding the prevention of public health or general health protection The President's ctkardmast about the publication on the internet medium by the President and / or blocking of access can be decided. The decision was immediately reached by the President. Notified to the slidegists and related content and location saglaytcda. Content Removal and / or Due to the decision to prevent access, immediately and to inform the most recent decision It is brought within four hours. (2) by the President upon the request of the President of the Republic or of the relevant Ministries. Given the vicarious and / or blocking of access, twenty by Ba + blood Within four hours, the approval of the peace judge is presented. Judge, within eight hours actk on; otherwise, the decision is spontaneous. (3) Decisions to prevent access to be made under this article are decisions, the need + violation of the violation Regarding publication, content, section (such as URL, etc.), blocking of access to the thread It is given by the method. However, the technically infringing content access is blocked violation could not be prevented by blocking the access or access to the corresponding content In all cases, blocking of access to the entire website may be darkened. (4) Those who create and spread the internet contents subject to water under this article about the President, Republican Bassavcd1Éma is declared an accusation. This Information, content and access providers necessary to reach the perpetrators of offenses It is given to judicial authorities by the judge over the judgment. Content, location and Another crime which requires more aggressive punishment for those who are responsible for the access. If he did not, he was punished with a judicial fine from three thousand to ten thousand days. (5) Prevention of Clkarllma.fl and / or access to contents given pursuant to this article Provides content and space providers for access providers who do not comply with the decision. Administrative fines by the President from fifty thousand Turkish liras to five hundred thousand Turkish liras It is given. " B. International Law I. Recommendations of the Council of Europe Committee of Ministers a. Human Rights and the Rule of Law in Information Society (2005) 56 Final Sayill Declaration 29. In the first part of the Charter, "Human Rights in Information Society" statements include $ ir: "I. rade, information and communication right of $ im freedom
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Information and communication technologies (ICT) are unprecedented for everyone to use their freedom of expression. provide opportunities. But BITs are also at the same time for this freedom - the state and the state Without censorship by actors, they create a number of important obstacles. rade, information and communication freedom of electronic environment, non-electronic environment must be respected as such and the IO of the European Convention on Human Rights (Contract). subject of another restriction due to restriction reasons stated in It is olmamaluh. In other words, it is only available in electronic media, It is yapilmamalldz. Clye states, to prevent censorship by state and state actors must ensure and develop legal and feasible measures. b. to the Member States on the subject of "Free Symmetry of Information Ak" on the Internet Referral Karan CWRec (2015) 6 30. In the decision, firstly, the information about the presence and interference of the country's situr, freedom of expression, which requires the right to receive and transmit ideas, of a democratic society From the indispensable foundations, the progress of society and the development of individuals It is emphasized that it is one of the conditions. In the decision, the European Convention on Human Rights (AiHS) and Article 19 of the International Covenant on Civil and Political Rights the provisions regarding rights and freedoms will be implemented as "intrusive and offline" Is specified. According to the decision, IHS of AiHS. This information is not only the content of the information. It also concerns distribution and distribution. Because any of these They touch the freedom of restriction, information and receiving. 31. Karam "Principles of Free Post-Simulation of Knowledge on the Internet" section, while evaluating, developing and implementing national policies of states interference that would negatively affect the flow of free-simulation information on the internet $ lnl States are recommended to take necessary care in determining and preventing. This Within this context, states have access to services or services that are deemed to be illegal. 8th AiHS, ION. and II. to be compatible with the substances. Are required. Especially by illegal use on the internet by public authorities or measures to tackle activities are unnecessary and beyond the state's mandate. They should not cause a disproportionate effect. c. Advice on Internet Member States 32. Opinion of the "Indicators for Internet Freedom" appendix " Freedom and the Right to Receive and Give Information "related" It said: "2.2. I. On an internet platform by state authorities or private sector actors (social media, social networks, blog or other websites) or my ICT tools (instant messaging or other applications) to prevent access to or restricted access
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all measures or all requests from government authorities for the execution of these transactions It does not comply with the stated statutes. 2.2.2. An internet content by government authorities or private sector actors all measures taken to prevent, filter, or remove these actions or All requests from government authorities for enforcement are prohibited by law, It is olmalldl. 2. Union 9 Nation of the Committee of the Human Rights Committee ii 33. United Nations Human Rights Committee on Civil and Political Rights Regarding the 19th article of Uluslararast Contract between 11/7/2011 and 29/7/2011 In the 34-th general view accepted in the 102nd session between the two $ ir included: "12. Civil and Political Rights; Article 19 of the International Contract. Fikrast protects all forms of expression and their propagation tools. Between expressions non-verbal expressions such as text, sign language and artistic images and objects on the subject located. rade araglan, • books, newspapers, brochures, posters, posters, klyqfet selection and petitions to official authorities. rade vehicles; all visual-i + pins yam stra includes electronic and internet based expressions 15. States Parties, such as the Internet and mobile-based electronic information dissemination systems The developments in information and communication technologies greatly increase the communication $ communication practices in the world. I should have taken into account the $ gimmick in. Now, the traditional mass communication for the knowledge and idea wood $ There are global partners who do not need absolute existence. States, this is the new all necessary to verify the media linktmstzltgmt and ensure the access of individuals there aditnlart atmaltdtr. 43. Spread web pages, blogs or internet-based, electronic or other information systems such as internet service providers or search engines. Any use of systems that support the message $ to be processed, but It can be accepted on the grounds that are in conformity with Article 3 of Article 19 of the Convention. h exportable mileage should generally be content-specific, • of certain sites and systems. General prohibitions to be brought to the $ i leu do not comply with the 3rd opinion Ayrtca, to a site or only the government or government represents the euformation diffusion system will be able to take an critical attitude towards the political system and make publications in this direction. the prohibition is not compatible with the third third " 3. European Court of Human Rights 34. Freedom of expression, democratic, according to the European Court of Human Rights (AiHM) it is one of the main elements that form the basis of the society. AiHM on freedom of expression The essential basis for freedom of expression in the decisions of the society to progress and the development of the individual
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It states that it has established one of the terms. According to AiHM, IO. second opinion of matter freedom of expression to be held only by society, harmless or irrelevant Not hurtful for the accepted information and ideas, * Predatory or worrying information and The reviews are also valid. freedom of expression; talking about a democratic society in its absence it is a requirement of qogulism, h (respect and a good mindedness that we cannot. AiHM, IO. that this right under guarantee is subject to exceptions, but these exceptions that it should be interpreted narrowly and that this right should be persuasive. highlight (Handyside / Bir1esik Kralllk [GK], B. No: 5493/72, 7/12/1976, 49; Von Hannover / A1mania (No. 2) [BD], B. No: 40660/08 and 60641/08, 7/2/2012, 101). 35. When examining AiHM's decisions on freedom of expression on the internet, qevrim dhi is a principle that every qqr is geqerli as qevrim ifi Moves, however, it also takes into account the peculiar features of the internet medium. Seen. AiHM is a new medium that expands the freedom of expression of the internet ottaml Evaluation is; as a publication for receiving, transmitting and disseminating information qualifies (iv see an evaluation in this direction. Ahmet Yildirim Units / Turkey, B. No: 31 1 1/10, 18/12/2012, 50). AiHM, Internet on the implementation of freedom of expression Times Newspapers Ltd / United Kingdom (No. I and 2) (B. No: 3002/03 and 23676/03, 10/3/2009, 27) highlighted in the dark. Internet, according to AIHM in terms of accessibility and the capacity to store and transmit huge amounts of information increasing public access to news and disseminating information in general plays an important role in facilitating. V. REVIEW AND NECESSARY 36. The application was examined at the meeting held by the Court on 26/12/2019. considered due to: A. My applicants' allegations and Ministry Opinion $ ii 37. The first passer; - Hundreds of Wikipedia volunteers from all over the world It is a source of rich, unbiased and educational information that is wrong in the language, The content should be evaluated within the scope of freedom of expression and printing, the requirements of a democratic society to prevent access to the entire site. freedom of expression and printing by stating that there is a violent and proportional intervention alleged a violation. - Subject to the approval decision to prevent access to the Criminal Court of Peace in two articles, more than ten thousand words and hundreds of activities, necessary In the decision, which parts of the articles are unlawful for which reasons that a site with millions of pieces of information It has argued that it does not contain a sufficient requirement to prevent access. The denial of access to the approval of the decision is also in the country it was rejected on the basis of extraordinary fraud conditions, in Article 15 of the Constitution. any decision taken by the state bodies of the proposed extraordinary state order and as all transactions are subject to an extraordinary state regime not understood, moreover} blocking access to the subject of residence, unusually As an extraordinary fraud precaution, since the state is not related to the reasons that require the link. stating that it cannot be seen, the necessary decision has been violated. $ ur riding.
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38. the second applicant; freedom of expression, access to information and the right to disseminate information is a non-governmental organization that defends and carries out legal activities in this context, Freedom of expression for millions of readers to prevent access to Wikipedia and The statement of all my information is removed by specifying the right to access information. He alleged that his freedom had been violated. 39. Third and fourth lighters; similar to the claims of the first applicant I have made the announcement with the help of the frequent people, the internet and human rights academics in their fields, and long years of scientific expertise and I used Wikipedia1 in the context of education and training activities, You can find an alternative to the information provided by Wikipedia. alleged that their freedom of expression was violated due to the interference with their right to receive 40. In the opinion of the Ministry; for the purpose of implementing the decision to prevent access firstly, the URL in question to the first applicant, in which the alert-uninstall procedure was activated acknowledgment for the removal of the data on the address, ahnamadlél Technically access due to the fact that the job and related URL addresses are also * encrypted. Access to the entire website because it is not possible to block it} It was stated that it was decided to prevent. Bakanllk; Right to content in URL addresses it is in the nature of attacking and the information that is available to the user that the website is a platform that is easily accessible to humans, so that broad} taking into account the impact it will have on the masses in the democratic society He stated that it was necessary. The Ministry of Peace, the entire Criminal Court of Justice's website: na The access to the given address} is to prevent the content in the URL addresses The intervention was proportionate since it decided to abolish it on condition that it was discontinued. $ i have informed. The Ministry is also the prime minister of the faints made by using the healing hive. They are unacceptable due to the lack of authority due to their lack of abstraction. It was evaluated. 41. In the request to reply to the opinion of the Ministry, the first resignant, The allegations in the individual application form were repeated. First pass: - "national" shown as the reason for closing the website completely administrative and judicial authorities of the concept of "protection of security and public order" expresses a large broad interpretation}. Magistrates Criminal by llåkimliéi haksw was attacked as the reason for the decision to block access. The content of the application subject to the qualification of the state was not damaged It is only because of the "protection of national security and public order". amaqlarwla claims that the link is not installed. - States are subject to protection in terms of honor and dignity, such as persons The state and the information and claims about the issues that concern the public the reputation of the reputation without damaging such a problem. He claimed that it was necessary. - Has declared that Wikipedia is the first platform for everyone. Wikipedia the articles included by the link and volunteer editors. is constantly being developed, information from users all over the world that it can be added to different views, so that
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He also stated that the discussion topics were banndtrdlgtnl. Hifbir in Wikipedia kallC1 of the information and not certain, as well as editors in the content of the application. Comprehensive changes have been made after the decision to prevent access by $ i have informed. 42. The third and fourth applicants in the request for reply to the opinion of the Ministries As of this, the recurrence of the claims in the individual application form is $. Other applicants; - With the blocking of the access of the Ministry of AiHM and the Constitutional Court that it does not appear in the opinion of the relevant authority, especially the Constitutional Court. Decision to prevent access within the scope of Article 8 / A of Law No. 5651 principles to be followed by administrative and legal authorities in order to be issued Considered in detail Birgun İletişim ve Yaymclllk AS ([GK], B. No: 2015/18936, 22/5/2019) ignore the decision to make an opinion. mention} l av. - the subject of applicants in the whole world which can be accessed only from Turkey to igerik to understand which danger is urgently prevented by preventing access that it was not possible and the implementation of Law No. 5651 was problematic. They stated that the government also accepted it. By Cumhurbaskam 30/5/2019 In the Judicial Reform Strategy Document, which was opened on The protection and development of liberties was determined in this context. held in Il. of the access in Law (5651) necessary to prevent the procedures of prohibition from being addressed in terms of freedom of expression. They stated that $ information is included to make changes. Nevertheless In the opinion of the Ministry, the law number 5651 will keep 191k of problems related to the Law. They stated that no evaluation has been made. B. Evaluation 43. The Constitutional Court, the legal proceedings made by the applicants appreciates the legal advice of events and facts, without being bound by the qualification. (Tahir Canan, B. No: 2012/969, 18/9/2013, 16). Freedom of expression of all complaints from the fairs evaluated within $. 44. In the evaluation of the indictment of the Constitution "D $ $ The freedom to act and spread is the relevant part of article 26 of the edge title: "Anyone can press their thoughts and opinions individually in words, writings, pictures or other means, or collectively has the right to explain and disseminate. This liberty is intervened by official authorities It also includes the freedom to receive or give news or ideas. Using these freedoms, national security, public order, public security, The basic characteristics of the Republic and its indivisible integrity with the country and nation of the State protection, prevention of crimes, ... can be limited with amaqlarty ... The form, condition and condition to be applied in the liberty to explain and spread the thought. procedures are regulated by law.
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1. In terms of Applicability 45. The Constitutional Court, during the extraordinary administration procedures applied While examining the individual applications regarding the measures taken, it appeared in article 15 of the Constitution. stated that they would take into account the assurance regime regarding fundamental rights and freedoms. (Aydm Yavuz et al., 187-191). preventing access to the objection authority's justification Although there is an explanation for impermanence within the scope of the measure of extraordinary fraud, In the dark of the access barrier of BTK, Ankara l. Peace Penalty In the judgment of his judgment, the measure was one of the measures taken within the scope of extraordinary fraud. A determination should not be made. 46. ​​Extraordinary administrative procedures are an extraordinary threat to the existence of the state or in cases where it is not possible to eliminate an existing danger with the usual measures. and the methods used to return the state to its usual order. As of this Disposal of measures to be taken within the scope of extraordinary fraud. It should be explained to be explained. Access to the subject of application with Dolaytst in the extraordinary period of preventing the measure, ahnml $ is the only one, this measure The intervention of freedom of expression through the Constitution states that "Constitutional rights and freedoms "can be evaluated within the scope of the 15th article of the edge title". it doesn't come to your mind. 47. Turkey military coup on July 15, 2016 to an enterprise with karslı Karyyk kalmi}, so it was decided to declare an extraordinary trick across the country on 21/7/2016 It is verilmiit. Public authorities and questioning agencies - based on factual basis - this Goku and behind that enterprise continue their activities in Turkey who Fethullah € s long Ylllardr A terrorist organization (FETÖ) and / or Parallel State Building (PDY). They assessed that it was not done (Aydm Yavuz and others [GKI, B. No: 2016/22169, 20/6/2017, 12-25). 48. Preventing access to the subject of application requires extraordinary fraud For this reason, it is also related to the elimination of the causes that are extraordinary, such as not related. It is not. Therefore, an examination in terms of the 15th article of the Constitution, also in the concrete notice It is yapiımayacak0. 2. In terms of Admissibility a. As a reference to the second applicant's application 49. The Constitutional Court aims to protect the interests of society and "the people The right to individual application of the applications called "davast" (actio popularis) It is emphasized that it is not accepted within the scope of the project (Tezcan Karaku. others, B. No: 2013/1977, 9/1/2014 21; Mahmut Tanal, B. No: 2014/1 1368, 23/7/2014, 20; Liberal Democrat Party, B. No: 2014/11268, 23/7/2014, 18). 30/3/201 dated 1 and 6216 number 46 of the Law on the Establishment and Trial Procedures of the Constitutional Court. (I) in accordance with the numbered opinion of a person to the Constitutional Court individual In order to be able to have victim status, the subject of the application and the way of violation agtlgl direct and personal right of a person due to the proposed action, action or negligence it must have been affected. In order for an application to be accepted, the applicant must only It was not enough to claim that he was a victim and was directly affected by the violation, that is, the victim
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must show that it is or make persuasive statements about being a victim (Mahmut Tanal, 34; Ayse Hülya Potur, B. No: 2013/8479, 6/2/2014, 24; Kerem and YamanAkdeniz (2), B. No: 2015/15977, 12/6/2019, 36). 50. Advocating freedom of expression in a concrete event and legal activities in this context stating that he is a non-governmental organization that conducts the application. It has been argued that the decision to block it violates all Wikipedia users' freedom of expression. not satisfied with driving, convinced that he was personally and directly affected by the decision Didn't make a remarkable explanation. 51. The second applicant Punto 24 Bagnnslz Journalism Association with the aforementioned requirements without examining the other admissibility conditions It must be decided that it is unacceptable due to inactivity from the $ i view. b. Regarding the Announcements of the First, Third and Fourth Applicants 52. ÜGüncü and Fourth Starter are on the whole Wikipedia website. The alleged violation of the right to access information and opinions in the form of denial of access they made an individual application. Kerem Altzparmak and Yaman Akdeniz (2) in my decision; phrase third persons who have the right to receive information and ideas due to interventions on intermediaries In the products made by alleged violation of freedom of expression, my applicants are victims adjective tailY1p tasmadlél evaluation of the concrete event in terms of context It is stated that it is required and the applicants are able to accept admissible admissions. A number of criteria have been determined which should be present in the concrete event. Amlan in the decision, While evaluating whether the lighthouse's grievance feature is available or not, to the condition of the dead; I. The applicant's means of expression (website, social media platform, book, Newspapers, magazines, etc.) using (whether or not providing content) active user-passive kullamcl) ii. the applicant, who has the right to obtain information on the measure for the statement of expression aglrllél of the endings on which you can chop, iii. Whether it is possible to access information in other ways, iv. Internet of expressions (access to concrete events) blocked social and i} Levi, media accounts) features (user / visitor / follow-up sayasl, awareness of national / international platforms, whether there is an alternative etc.) vi. An important message due to the intervention in the expression tool} deprived kallmp kahnmadlgl, vi. The German measure prevents obstacles from participating in public discussion. olmadlgl, vii. Due to the measure taken, the applicant can be determined concretely no money left without interest It is stated that such issues are examined and concluded (Kerem Altiparmak and YamanAkdeniz (2), 37).
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53. Kerem Altzparmak and Yaman Akdeniz (2) blackout, the subject of the blessing in the event 350 of them belong to Twitter, Youtube, Dailymotion and Facebook social networks. ban internet news sites with accounts and a set of undetermined internet for use Olusan 615 addresses from the sites} blocking of the block} 9 counts above The criteria are examined by considering the criteria and I have not been able to show that they are users, nor have they been deprived of a particular interest The results of the publication are not available. Except those Internet addresses of applicants Gok can not prove that they could not obtain access to information in any other way. including images of soldiers, police and village guards and ban videos. of the websites that took part in revenues and incitement to violence. they have been deprived of an important source of communication due to the prevention of this the fact that they could not show that the situation prevented me from participating in public discussion. Is ulaylnustt. As a result, Kerem Altvarmak and Yaman Akdeniz (2) decided to apply to my decision. a direct and personal measure between the measure of preventing access and the right to information and opinion. Reasonable and persuasive, beyond their intangible claims, their allegations. conclude that they could not publicize with the requirements} (Kerem Altzparmak and Yaman Akdeniz (2), 39-46). 54. A column on the website of a national newspaper indictment that preventing access to reflection violates freedom of expression The application of two academics in Kerem Alttparmak and Yaman Akdeniz (3) decision investigated the $ i. In the incident in question, the national newspaper whose access was blocked was responsible No judicial authority should be contacted by persons or columnists. In the above-mentioned decision, the criteria set out above (S 52) were applied, a direct and personal link between the measure of denial and the right to information and opinion. beyond the abstract claims that they have become victimized, reasonable and persuasive. conclusions that could not be quantified due to the requirements (Kerem Alttparmak and Yaman Akdeniz B. No: 2015/17387, 20/1 1/2019, 25). The function of Wikipedia in the review on the 55th Anniversary of the event, Userl sayl, recognition in national and international platforms, no alternative (see. II) It is an important source of information considering its features, such as Ad hoc tailyan and Ylllardlr scientist qallimalart and education and training activities Applicants stating that they used Wikipedia'1 have no such source Victims due to their stay have been accepted. For a similar decision in which the status was accepted, see. Youtube LIC Corporation Service Company and others (GKI, B. No: 2014/4705, 29/5/2014, 27-28) 56. Aflkqa not be lacking the basis and deciding whether it is unacceptable that there is no reason to suggest that the freedom of expression was violated. provincial} indictment is admissible in terms of first, blow and fourth applicants decision needs to be made. 3. Main Aspect a. You Have Intervention 57. Preventing access to the entire web page from Wikipedia The decision has been made. The court in question was first due to the black-and-white adjective Sifatl The statement of the applicant and the third and fourth applicants because of the adjective An intervention was made regarding their freedom.
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b. Violation of the interference 58. The intervention above was subject to the conditions laid down in Article 13 of the Constitution. If it is not appropriate, the violation of Article 26 of the Constitution will be singular. Anayasa'mn The relevant part of article 13 is as follows: "Fundamental rights and freedoms are only stated in the relevant articles of the Constitution. depending on the reasons and can only be restricted by law. These restrictions are democratic it cannot be contrary to the requirements of the social order and the principle of mortality. 59. For this reason, the intervention stipulated in article 13 of the Constitution and concrete to be foreseen by the laws falling in accordance with the notice, in the relevant article of the Constitution based on the stated reasons and compliance with the requirements of the democratic social order It is necessary to determine whether it provides the condition or not. I. Lawfulness 60. Firstly, in the concrete incident, the General Directorate of the Prime Ministry Security High School According to article 8 / A of the Law No. 5651 with the side sent by "People with the right to life protection of life and property security, protection of national security and public order, Preventing $ 2 of the application subject to the application. In case of non-vicariousness, non-vicariousness, the prevention of access to the contents, access to the requirements In case it cannot be blocked, access to the entire website via the domain demanded that the blocking be made $ s (S 15). BTK, "81.4 of the Law No. 5651 for the reasons stated in the article (I) numbered " He decided to prevent access to $} (P 17) but concretely for what reason A € $ lklamaml is TJ. Ankara I. Magistrate Criminal Justice "terrorist Oven, inciting violence and suga life and property of the people with the right to life, threatening public order and national security. access based on the reasons for safeguarding the safety and preventing crime processing found it appropriate to be inhibited (S 19). Ankara First Magistrate Criminal Court ITIR transpired that the applicant in the subject as "the Republic of Turkey, ... uluslararasz a state that supports terrorism that will damage respect and reputation on the platform and within the country on the basis of the fact that there was an "unequaled attack to give the impression that it was refused $ ir (Q 20). 61. The law of interference with freedom of expression in the incident subject to the application Article 8 / A of the 5651 numbered Law as a basis for this which of the reasons listed in the rule number (l) and which allows intervention As it is not expressed on the basis, it is included in the rule which is the basis of the intervention * "reputable" of the state is stated as the reason for intervention}. Indirect) and the Law subject to an expansive interpretation to create the impression that the relevant theory can lead to enjoyment} It is understood that it is kept. 62. However, the interference with the applicants' freedom of expression the democratic social order of intervention A strong province} with strong assessments in the province} It is bulunmaktadl. The method of evaluating the concrete event is available under consideration. To meet the norms of restriction of the relevant norms by law in the conditions of the application. democratic society of interference, not a final assessment of the unrelated whether it is appropriate to the requirements of the organization. conviction
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ii. Meru Amag 63. In order for an intervention in freedom of expression to be meru national security, public as stated in the second paragraph of Article 26 of the Constitution of the intervention its order, public security, the basic characteristics of the Republic and the country and nation of the State protection of indivisible integrity, prevention of suglar, punishment of criminal offenses, State The fact that the information specified duly is not defined, the fame or rights of others, protection of private and family lives or occupational limits stipulated by law; or To fulfill the trial duty in accordance with the requirement should be done with amaqlarty must. 64. My aim was to prevent access to the website subject to the application. it seems quite difficult to detect (see 60). Meru of intervention in concrete event It cannot be said that there was no problem in terms of reason. However, in terms of legality This issue, which is related to what has been determined in the evaluation, is closely related. In the democratic social order, the assessment will be made in terms of the criteria of necessity. It is ahnacak. iii. Compliance with the Requirements of the Democratic Society Order (1) Understand the Requirements of the Democratic Social Order 65. Concepts of the requirements of democratic society diizen on freedom of expression or to show itself as the last measure to be taken. Democratic being a necessity of social order, a challenge in a democratic society it refers to the purpose of meeting the social need. According to this snurlayacl measure, if a social need is not fulfilled or the last gare that can be fainted as a measure in accordance with the requirements of the democratic social order. cannot be evaluated (Bekir Coskun [GK], B. No: 2014/12151, 4/6/2015, 51; Mehmet Ali Aydm [GKI, B. No: 2013/9343, 4/6/2015, 68; Tanse1C'ö1a, an, B. No: 2014/6128, 7/7/2015, 51). (2) Freedom of expression and the Role of the Internet 66. "Freedom to act and spread thought" of the Constitution side 26. According to the article, everybody thinks about their thoughts and opinions by saying, side, picture or other ways. or have the right to accuse and spread collectively. This freedom is It also includes the freedom to receive or exchange news or ideas without interference. the Amlin The means that can be used in the use of freedom of expression in the article "words, text, pictures or All kinds of expressions are expressed as "other roads" and "other roads" has been shown to be under constitutional protection (Emin Aydin, B. No: 2013/2602, 23/1/2014, 43). In this context, it has an important function in the transmission and acceptance of news and ideas. Internet is under the guarantee of freedom of expression regulated in Article 26 of the Constitution. (Media (hindem Digital Publishing Trade AS [GK], B. No: 2013/2623, 1 1/1 1/2015, 30, 33). 67. Availability, volume of storage of news and ideas and capacity the internet, when it is possible to convey great news and ideas, it plays an important role in the development of the transmission of information. Internet, no restrictions
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regardless of everyone's access to news and ideas and spreading their ideas provide an important opportunity. This situation is also a wide area of ​​Gok due to freedom of expression. (Medya Gündem Dijital Yaytncdlk Ticaret AS, 34; CK [GK], B. No: 2014/19685, 15/3/2018, 27). 68. The Internet whose banndlrdlél information has become the main source of resources It offers free selection among millions of content; Active participation in public debates They provide possibilities. Internet is the first thing to deal with interactions, to receive and transmit thoughts An indispensable vasna in the use of freedom of expression with the wide possibilities it offers There has been. 69. the fundamental right of the internet, especially freedom of expression in modern democracies and having a significant value in terms of using liberties The importance of my media is undeniable. Social media, creating and publishing media content and a transparent and mutually communicative communication that allows individual participation in the form of interpretation. media channels in the form of platforms. Indeed, Wikipedia is a social media It is an online network that spreads its own content and is used by users. Before Explaining the information and thoughts of people on the internet's social media base, The Constitution emphasizing the indispensable nature of comparative sharing and dissemination The Court not only seeks to think, but to obtain information at the same time Social media, which has become one of the most effective and widespread methods today Government and administrative authorities in the regulations and implementations to be made on the media stated that they should be sensitive (see Youtube LIC Corporation Service Company et al., 52). 70. The importance of the internet on freedom of expression is produced in the internet medium. The content of a person is a serious risk for individual, nation and state life, The internet is also seriously abused due to its unique features. Enriching social life, facilitating the process of obtaining information, creating new business opportunities Internet; At the same time, these individuals have paid basic rights, including per capita rights. the attacks were actually $ $; dissemination of incorrect $ information, cyber bullying, virtual fraud, pornography, child abuse, fuhui, gambling, violence, hatred and the spread of Raciallllen, real needs for society and the state, such as the promotion and dissemination of terrorism to become an environment that causes safety risks and harms. It can come. 71. Stipheless only with restrictions to be brought to the internet to combat these risks It is not possible to be successful. Internet's incomplete feature and no country The fact that states are not under monopoly reduces the reflection on intervention in this field. access to the content intervention on the internet medium as an intermediary blocking techniques can be effective, traffic must be implemented at all Glkl $ points. For these reasons nowadays states, the democratic social order of the child such as sexual abuse, hate speech, terrorism to combat threats with threatening juices, It makes various legal regulations to prevent the spread in its environment and It cooperates internationally in the fight against Ipheric. 72. AGIsttr is to ensure that the international relations in question are the main rights using the yamstra public power of a legal qerqevene that is observed and meticulously implemented It is possible that they can adequately show their balance.
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(3) Blocking of Access Based on Article 8 / A of Law No. 5651 Ban Detections in the Dark State 73. Constitutional Court, Birgün Communications and Dissemination Trade 5629 Release and dissemination of the content brought by article 8 / A of the Law no.} a detailed review of the decision to prevent it from being blocked. Yaymczhk Ticaret A. S, 63-72). Accordingly, with the article 8 / A of the Law, the legislator, It is necessary to fight against sugars processed in the internet environment more effectively. has envisaged a precautionary procedure which may be due to a special and necessary ending (Birgün Iletisim ve Yaytnclllk Ticaret A. ss., 63). 74. Internet by the Ba * an under article 8 / A of Law No. 5651 Removal of content and / or access to access in relation to publications in the environment the way is to avoid intervention immediately It is an exceptional way to operate in situations that require it. This way from the competent authorities an exceptional way to use it for the calmly quiet situations acting with the awareness that they are expected to make a sensitive decision (Birgün Ileti $ im and Yaymclllk Ticaret A. $., 71). 75. People who praise violence, adopt the methods of the terrorist organization, violence such as the propulsion and incitement to use, hate, revenge or armed resistance further publications that endanger democratic social order in the internet environment There is no need to make a review, when it can be understood in the first link, The decision stipulated in article 8 / A of the Law and given by the President exceptional procedures can be carried out (Birgünlletisim ve Yaymclhk Ticaret A. ss., 72). 76. In such cases, blocking access to the internet broadcast subject to the application It can be considered. The interventions made by the administration to the publications on the Internet medium, expressing the need to protect the public interests in a way that is protected by situations. a fair balance between freedom of liberty (Birgün Communications and Yaymclllk Ticaret AS, 7 1-72; Ali Kidik, B. No: 2014/5552, 26/10/2017, 62-63). 77. Not jeopardizing the democratic social order of the internet publication the determination requires further investigation and the intervention is justified Transmission of the "court way" stipulated in Article 8 / A of the Law No. 5651 must. (4) Prevention of Access within the Scope of Article 8 / A of Law No. 5651 Administrative and Judicial Authorities in Interventions to Decide Matters to be Observed 78. Constitutional Court, Birgün Communications and Publishing Trade, $ 4. 5651 in my verdict on the internet medium by the administration within the scope of Article 8 / A of the Law With respect to the broadcast igerié Glkarllmasl and / or melting} i deciding block min In terms of restricting the freedom of expression of the requirements that are based on all the interventions administrative and judicial authorities to comply with the requirements of the democratic social order also determined the issues to be observed by (Birgün Iletisim ve Publishing A. $., 73-75).
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 * If it is understood, instead of the exceptional method of preventing the publications by the administration,

79. Magistrates' judgment and objection submitted to my decision on the prevention of accession the administrative authority requesting and / or making a decision to block the access blocking to reach the same conclusion with the authorities and to decide this by using the same justification or attribution The projections can be considered sufficient from the copper, if the decision is required. With this together, the BTK decisions on the prevention of access to the peace criminal judge in cases where it is repeated or atlfia enough, the Constitutional Court, based on BTK decisions will check the requirements. without the need for freedom of expression or the Constitution Interventions with a requirement that does not meet the criteria laid down by the Court It will violate article 26 of the Constitution (Birgün Iletisim ve Yaymclllk Ticaret AS, 73). 80. In the communication of Birgün Communications and Publishing Trade Inc. (see 74 in the same judgment), similar to the current baivuru} using courts of courts and public power in residence to make decisions in order to consider the requirements of other bodies relevant and sufficient required and may vary according to the conditions of similar applications It is siralanmtstj: I. The decision to prevent access to the internet server by the President Existent administrative and / or judicial situation of a situation that is calmly found in the delay of work should be put forward by the authorities. ii. The right to life and the life and property of people protection of national security, protection of national security and public order, sug one of the reasons for preventing irritation or protecting general health or Considering that it may emerge depending on several of them, with the content of the spread allndlét The relationship between the reasons should be shown in full. iii. In order to make such an analysis, or freedom of expression, if there is a relationship with the demonstration of terrorist activities. A balance must be established between the legitimate right. 81. In order to be able to make the mentioned balance, the issues that must be examined Someday my message is shared in my decision to Publish and Publish. The aforementioned balancing to be done; - A private person, who is the subject of the intervention in my hand. targeting officials, a certain part of the public or the state whether you show them, whether they affirm them, - By broadcasting, individuals are exposed to the risk of physical violence, whether your hatred towards individuals is exacerbated, - A necessary and rightful measure to resort to violence in a broadcast message whether or not it has been suggested, - Whether violence is exalted by broadcasting, people hate, take revenge, Whether the armament resist was # driven, - By publishing sugars in publication or by arousing hatred in one country of the country or whether it will lead to more $ claims in total,
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 * 1) the self-protection of the democratic society against the activities of terrorist organizations

- The lies and information that will direct the public to the panic of individuals or organizations, whether or not expressing threats and insults, - Density of qatlynalan in a town or all of the country in the date of publication level of blood pressure in the country with the degree of spreading access} imin whether its inhibition affects the snow, - The decisive measure is a challenging one in a democratic society. Whether it is aimed at meeting the social need and whether Whether you have the latest qare qualification to apply for, - Lastly, to serve with the purpose of public interest It is a life-like simulation that least interferes with freedom of expression. the olmadlglt The publication must be evaluated together with its score. (5) Application of General Principles to the Concrete Event 82. Wikipedia; millions of users around the world and who are in the system It is an internet platform where the content is created by the users. New to Wikipedia adding a content or enhancing the existing content, the ban included in the content Changes such as updating information, deleting the ban are saved in the system, as editor They are made by users. As an online encyclopedia Wikipedia, which has been described and contains a significant amount of information in all areas, It is visited by the person. Getting information through the search button on the site Content about the desired topic can be found in a short time, iq links are also available through More information is available on the subject. The knowledge of such a platform additive discussion that made it accessible to everyone. Getting information and access to content in Wikipedia, so that it does not prejudice freedom of giving. the intervention to be made through the prevention of the need for a democratic society and they should be set out with sufficient justification. 83. Wikipedia due to iger at two URLs in the subject of the application Access to the entire site is blocked. The first of the bet geqen URL addresses It is under the heading "Slate-Sponsored Terrorism" (State Supported Terrorism). This ba} First of all, sixteen! country specified. Each of the links given to country names The allegations of alleged support for terrorism have been reached. Erin my $ i The subject of the prevention measure is the content in the sub-link "Turkef". Other URL address "Foreign involvement in the Syrian Civil War" (Syrian IC Savanna Katlhml Katlhmt) They have the start of the start. Under this heading, it is seen that it is linked to the war in Syria. countries "Support for the Syrian Ba'athist government" and support the Syrian Baath government Under "Support for Syrian opposition" smlflandlrllml $ tar. Topic of the $ min blocking measure is "Support for Syrian opposition" "Turkey" under the heading is the iger in the subtitle (S 16). 84. The iqerik in both URLs is important for iq war in Syria} Turkey described as one of the actor's career to the current regime, the terrorist organizations It relates to allegations that support opposition forces in Syria, including. Turkey's Provided financial and military support to terrorist organizations such as 1 $ iD, It is claimed that oil trading with.
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85. When the articles in URL addresses are examined, an important It is seen that the part is based on the news in the national and international press. Access to Wikipedia has been blocked, but completing these references nearby are available on the internet. iqerik also be in the $ a ruling in Turkey and national and international statements, including statements from the main opposition party officials. The public is also included in the crying of the full people. If Ban claims no basis is provided or the reliability of the sources is controversial Is anlaylmaktadt. 86. URL-based blocking is technically not possible and first The applicant should also not remove the amlan content from the website, preventing access has caused the measure to be implemented for the whole site. Both administrative authorities as a reason for the Criminal Justice, access prevention measure Only within the scope of the article 8 / A of the Law No. 5651 of the content, "With the right to life Protection of people's life and property security, protection of national security and public order, sue prevention of processing "to be within the scope of fraud found in the delay of agtsmdan They are showed. The Magistrate Criminal Court, the first applicant's measure of preventing access to its announcement to be lifted, on the international platform and country Turkey and would undermine sayglnllk substantially comprised of the iQ, a state that supports terror $ rejected due to the fact that an assault was attacked to give the impression (see 20). 87. First of all, it should be noted that within the scope of Article 8 / A of the Law No. 5651 Regarding the publication on the internet by the President, igeriéin Gikarllmast and / or the path to decide whether to block access is only possible after its delay. which must be operated in situations that require immediate intervention. is an exceptional way (someday contact $ im and Yaymclhk Ticaret, 4. $., 72). In the concrete event Access to Wikipedia is blocked by being based on article 8 / A of the Law, but administrative amlan made by the courts as well as the courts within the scope of the Law Article Issues to be observed in interventions (see 78-81) are not evaluated. access reason for smuggling the publications contained in the URLs of the subject subject to obscurity The existence of a situation found in delay, such as the province between. also cannot be shown. 88. On the other hand, "protection of national security and public order, preventing "in detail, such as" The requirements and expressions of the expressions expressing the situations it is not possible to determine the only. With the said phrases, implementation and judgment decisions By gaining meaning in time, the general qeqe of the phrases are determined and their requirements embodied (AYM, E.2014 / 149, K.2014 / 151, 2/10/2014). However, your amlan The freedom of expression, which has been interpreted so as to lead to arbitrary practices and to be broadly interpreted (Birgun Communications and Yaymclllk Ticaret A. $., 68). Application In the decision to prevent access to the subject matter, iqeriée "national at the two URL addresses Concrete that would justify intervention in the context of "security and protection of public order" no requirement is shown. Furthermore! blackout the access blocking of the applicant profit} l objection, for what reasons such as 'the damage to the state's reputation was $ $' An incomprehensible deal with "national security and public protection" rejected as necessary. This situation is widely interpreted of the concepts in question. It is suggestive.
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89. As in the concrete case, the reasons for intervention permitted by the law are concrete. wide impression without any connections being established. interpreted, the legal status of individuals is ambiguous and the rule becomes unpredictable. The disadvantageous effect of this situation is to use the same freedom together with the applicants. widespread and heavy pressure on the freedom of expression of the masses who want to. 90. Wikipedia may contain subjective information about the items contained in it, sometimes even malicious due to the fact that data entry into the system is for everyone. He states that he may also be exposed to initiatives; use of the information provided, precise and they warn you that there may not be immutable truths. Wikipedia, in iqerié that the items turn into a neutral substance only after a long discussion and over time, it states that this process can take months or sometimes years (see I l). We are independent after the decision to prevent access in the 91st event, Extensive changes to the articles decided by volunteer Wikipedia editors yapllnus, we will try to rewrite the items with a more neutral and elaborate style, low reliability and unverifiable content and ahntllandlél sources of these content Is Glkarllnus. In this context, the verdikçe Basis support to Turkey's radical oluium iddialann An important part of it has been deleted. Also the paragraphs on the Nusra Front and ISID are big revised to a large extent and reflecting a relatively high awareness and distinct care} references are also cited. Finally alleged yapildrgl oil from Syria to Turkey kagak € karstllk news pertaining to the oil lllgtn Turkey and the Iraqi Kurdish Regional Government kagak € lllgl iddialanm yalanladlg with a sentence regarding the US Turkey Büyükelqi John R. Bass explained that these allegations were noble water and that these allegations in 2014 A paragraph containing the apology of the CIA has been added $ ir (see 27). 92. Access to Wikipedia from Turkey olmasl only iqerik saglayacl interference with the right of the first applicant to disseminate information and ideas olusturmaml, the same time kullamcllann network access to information and ideas in hakkrm in Turkey simrlandtrml $ tl. Moreover, access to engellenmis olmasl, subject to the decision of the Turkey igerik Wikipedia has prevented me from discussing between users, active Wikipedia contributing editors' editorial content, editing and making changes to these content the possibilities were taken away. 93. Wikipedia authors and editors cause interference in the concrete case It has updated the content shown and has made it more objective. Subject matter it continues to be updated even today. The administrative courts and courts of instance in determining the feature of the website to be this constantly living encyclopedia gözetmemis are. 94. Finally, because of the content that is subject to preventing access in concrete event, then a penalty question and a tour must not be added. An investigation due to the difficulty of identifying the provinces that uploaded articles Even if it is regarded as aqmak meaningw, Although the owners are known, it should not be used to investigate a penalty about these people. Not preferred, but grave in articles that deserves to have Wikipedia disabled indicates that there is no qualified content. 95. When all these issues are evaluated together, administrative and / or judicial authorities Forced restriction in the form of preventing access to the internet site subject to the application They conclude that their reasoning cannot be demonstrated with a relevant and sufficient requirement.
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96. In the current situation, the measure of preventing access has become constant. In this way the limitations that have become indefinite - all access to the website has been blocked. When taken, it is likely that it will constitute a proportionate intervention on freedom of expression. 97. Statement of the first, third and fourth applicants with the aforementioned justifications The interference with his freedom did not comply with the requirements of the democratic social order. conclude} llml. It should be decided that Article 26 of the Constitution has been violated. Muammer TOPAL, Kadir ÖZKAYA, Ridvan GÜLEC, Recai AKYEL, Ylldlz SEFERiNOGLU and Selahaddin MENTES should not agree with this view. 4. In Terms of Article 50 of the Law No. 6216 98. The relevant part of the ideas numbered (I) of article 50 of the Law No. 6216 and (2) The number is fixed: At the end of the main examination, the applicant's right has been violated or It is decided whether or not. In case of violation, the violation and its consequences are eliminated. What you have to do to lift it is dominated ... (2) If the violation found was caused by a court decision, the violation and the consequences The file is sent to the relevant court to try again to eliminate it. In cases where there is no legal benefit in re-trial, in favor of the applicant compensation can be awarded or the case can be shown in general courts. The court responsible for re-trial, in the violation decision of the Constitutional Court Decision on the file, if possible, to eliminate the violation and consequences of the related violation Data. 99. The applicants requested $ to detect the violation. IOO. In the decision of Mehmet Dogan of the Constitutional Court, a how the violation and its consequences are eliminated in the conclusion that the fundamental right has been violated General principles for the determination of lifts are included} ([GKI, B. No: 2014/8875, 7/6/2018, 57-60). In another decision, the court violated these principles the consequences of not fulfilling the decision and the violation of this situation continues. As it will be understood, it will end with the second violation of the relevant right. (Aligül Alkaya et al. (2), B.NO: 2016/12506, 7/11/2019). IOU. It was decided that a fundamental right was violated within the scope of the individual notice. the basic rule is to mention that the violation and its consequences have been eliminated. bringing back as much as possible, that is, returning to the state before the violation It is saglanmasldl. For this, first of all the violation is determined by the source of the violation and the continuing violation stop, eliminate the decision or process that caused the violation, and the consequences of their agility. removal of material and moral damages caused by the violation, if any, in addition to this Other measures deemed appropriate in the context should be taken (Mehmet Dogan, 55, 57). In cases where the violation originated from the court decision, the Constitutional Court, Article 50 of the Law No. 6216 (2) with the opinion of Article 79 and article 79 of the Iqtüzük I
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to eliminate the violation and its consequences in accordance with subparagraph (a) of the numbered argument to send a copy of the blackout to the relevant court for retrial Dominates. Amlan legal regulation differs from similar legal institutions in procedural law. as a result of re-trial and individual, in order to eliminate the violation. It envisages a remedy specific to the application. Therefore, the Constitutional Court when it is decided to re-judge by the violation orders, Unlike the institution of renewal of trial, re-trial of the relevant court they do not have any discretion regarding the reason for varliélnl acceptance. Dolayswl to the legal obligation of the court reaching such a decision, the request of the person concerned due to the violation of the Constitutional Court, the decision to retrial without waiting The end of the violation by giving is to take the necessary actions to resolve the end. (Mehmet Dogan [GKI, 58-59; Aligül Alkaya and others (2), 57-59, 66-67). 103. Deciding to block access to the website Wikipedia it did not comply with the requirements of the democratic social order, and therefore the first, third and The fourth applicants conclude that their freedom of expression has been violated. Dolaylswl to In a concrete notice, the violation is primarily understood by the administration's action. With this at the same time due to the fact that the violation could not be remedied by the courts of $. It can also be said from the court decisions. 104. In this case, to eliminate the consequences of violation of freedom of expression. There is a legal benefit in re-trial. Re-retrial to be done Article 50 of Law No. 6216, which contains regulations specific to individual application (2) According to my opinion, it is aimed at eliminating the violation and the consequences. This It should be done within the scope of the decision to re-judge the Constitutional Court. A new, in accordance with the principles set out in my violation decision, that addresses the causes of the violation. it consists of making a decision. For this reason, re-judging a sample of my decision It must be decided to be sent to the relevant court. 105. TL 257.50 harg and 2.475 TL proxy determined from the documents in the file. To the first applicant of the trial expenses of 2.732,50 TL, which is included in the fee; 257.50 TL while the total expense of 2.732,50 TL consisting of the fees and 2.475 TL proxy fee is Paying to the third and fourth applicants by the second applicant, It should be decided to leave the costs of the proceedings made on the applicant. VI. PROVISION With the following reasons; Second applicant to allegation that AI freedom of expression has been violated UNABLE TO ACCEPT due to unauthorized personality. With oybirllg, 2. the first, third and third of the allegation of violation of freedom of expression FOR THE FOURTH APPLICANTS, WITH THE ACCEPTANCE OF THE ADMINISTRATIVE OLDUCTORY, B. The first of freedom of expression guaranteed under Article 26 of the Constitution, Muammer TOPAL, violated in terms of third and fourth applicants Kadir ÖZKAYA, Ridvan GÜLEC, Recai AKYEL, Yildiz SEFERINOGLU and Selahaddin MENTES 'bedsteads and OYCOKLUGUYLA,
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C. One example of the end of the violation of freedom of expression is the end of For the re-trial of Ankara 1st Criminal Court of Peace, (2017/2956 D. is) SENDING, D. l. A total of 2,732.50 TL, including 257.50 TL of fees and 2.475 TL of attorney fees TO THE FIRST APPLICATION of the proceeding expense; 257.50 TL letter and 2.475 TL power of attorney The total expense of TL 2,732.50 per olliian fee is THIRD and FOURTH. PREPARED TO THE APPLICANTS, 2. The costs of the proceedings made by the second applicant are REMAINS on it, E. Following the notification of the payments, the Treasury and Finance of the Four months from the date of application to the ministries, there is a delay in payment Legal INTEREST for the period from when this period expires to the payment date IMPLEMENTATION, F. SENDING AN EXAMPLE TO THE MINISTRY OF JUSTICE 26/12/2019 It was decided on. President Zühtü ARSLAN Member Serdar ÖZGÜLDÜR Member Hicabi DURSUN Member M. Emin KUZ Deputy chairman Hasan Tahsin GÖKCAN Member Burhan ÜSTÜN Member Celal Mümtaz AKINCI Member View Kadir's Full Profile Deputy chairman Recep KÖMÜRCÜ Member Engin YILDIRIM 1 "Jye Muammer TOPAL Member Ridvan GÜLEC Member Recai AKYEL Member Yildiz SEFERiNOGLU Member Yusuf $ evki HAKYEMEZ Member Selahaddin MENTES
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Application Number Decision date
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 * 2017/22355
 * 12/26/2019

NEGATIVE VOTE l. Our court is widely available on the website www.wikipedia.org adll applied to the amlan website due to a number of two separate URL addresses denial of access decree and 26th of the Constitution of the first, third and fourth lighters. It was decided that the freedom of expression under guarantee was violated. We do not agree with the violation of volatility due to the reasons below. 2. In the concrete event, the country's iq and safe $ ni threat, disruption of public order, place ban ban data It is given by bet since it has been determined that it was given. 3. TC Ba} on 28.04.2017 by the General Directorate of Security Affairs of the Ministry Information Technologies and Communications Authority is wrong with the President, www.wikipedia.org praising terrorism at two separate URLs on adh website, contacts + iddede and suga promoting public life and national security, threatening their life and property security. From the conclusion of the purpose of corruption, which takes place in Article 8 / A of Law No. 5651 "The right to life and the protection of people and property security, national security and public order protection, prevention of sug processing " In the case of Vikanlmast, Vikarllmamast of the two urgents attached to the article evaluated within the scope of In case the access to the content is blocked and the access to the content cannot be blocked, to prevent access to the entire website via "... request to make a decision be} t. 4. Information Technologies and Communications Authority in the Law No. 5651 The internet specified in the request, upon request, which is deemed to comply with the prescribed procedure. In relation to the publications at "removal of content; immediate and most relevant The site is not blocked within four hours and access to the ingredients cannot be blocked. it was decided to prevent access to all ". 5. Decision, by applying the warning-lift mechanism and the required maximum of four hours Information to be used in legal notifications, voluntarily, in the work Technologies and Communications Authority via e-mail addresses submitted to the Presidency Wikimedia Foundation and vermin power of attorney to a lawyer in Turkey} olduklarl day of 04/28/2017 Reported as of 16.37 $. 6. Despite the fact that it took about 14 hours over the notification, upon detection of unfulfilled and technical reasons (specifically in accordance with the provision Law on preventing access to be implemented) Measure to prevent access to the entire website https://www.wikipedia.org The application and the decision were submitted to the approval of the Judge. 7. Häkimlikqe, it is determined to block access to the entire website} Website for the requests required on 29.04.2017 If access is blocked, access to the entire site is blocked by $ min. it has been decided to remove the darkness.

8. The decision was challenged. the subject of the request, according to the Magistrate Criminal Court, In igerik, Republic of Turkey on the Syrian territory war yasanan $ s of the initiators, supporting terrorist organizations, helping them to finance and weapons. Respect for the Turkish State in international platforms and country haksw, which will give the impression that it is a state that will damage prestige and support terrorism and The objection was dismissed on the grounds that it was understood that there were unfounded attacks ... ". After the rejection of the 9th objection, an individual notice was made. ION. In the context of the above explanations, even though the ban is correct, With a lot of information that cannot be counted, it becomes a basic reference resource. public, offering people a free choice among a large number of content Mass communication and communication means enabling active participation in discussions. widely used and more preferred than traditional methods the internet and its subject is not to create sug. the actions carried out over the internet are within the scope of freedom of communication; and fundamental right, especially freedom of communication and freedom of expression in modern democracies of great importance from the use of liberties and freedoms. they are not available. 11. As such, legal, administrative and judicial rules, decisions and In applications, information flowing through internet will negatively affect $ lnl Attention to identify interventions will be described as dl * l In determining the rules for the prevention of access to iqerige or service, Articles 13 and 26 of the Constitution (8, IO and I I. articles) must be observed. 12. However, as stated above, the location / location produced on the internet A given content could pose serious risks to the nation's and State's livelihoods, social enriching lives, facilitating information acquisition periods, giving birth to new job opportunities The Internet; At the same time, a klS1m foundation, including the individual rights of individuals spreading the wrong information, cyber zorballgln, virtual fraud, pornography, child abuse, prostitution, gambling, violence, hate and the spread of racism, the promotion and spread of terrorism, so that causing real security risks and harms to society and government. It can also be transformed into an environment and is a well-known reality. 13. Due to this situation, it was put on the internet and within a short period of time and Internet of sugable content that can be seen all over the world at the same time To prevent it from being seen from the middle or to be seen in the middle of the internet sometimes a It may emerge as a necessity. 14. Although this is the case, the internet's non-sintr feature not to be in the monopoly of the country and in the relevant countries or real or legal entity} in this area for the reasons such as not to burn any time and in all cases flexible behavior in interventions is not always possible, sometimes more it can be considered as an imperative to deal with extensive ban measures. 15. Also, in the fight against sug and juices, the different countries of internet traffic are seconds. In the first structure, a problem at a certain point in the structure, the ability of the world to adversely affect internet traffic in another distant point, the web
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The servers that host their sites are spread all over the world, young or regional other mass communication of the internet, such as control of internet points and the need for bacteria Nature and its features different from each other, dynamic and distributional structure with very large size actors, technics, business} team, infrastructure and "national uniqueness / international qualification" are the challenges of imitation. It brings with it the arrangement of the internet platform and the ban specific to this field. They require special scripts. 16. As stated above, in the concrete case, www.wikipedia.org adh internet Access to the site is blocked, the country's iq and dii place some basic threats to security, causing disruption of public order It is decided by bet that the data is determined. 17. Internet named Wikipedia to prevent access to Amlan content This restriction brought for the purpose of preventing access for the entire site, The first applicant is due to the content provider, and the third is due to the user-owned adjective and an interference with the fourth applicants' freedom of expression (giving and receiving information) It is advisory. Violation of that interference with the applicants' freedom of expression an interference that does not lead to the result, in other words, in accordance with Article 13 of the Constitution In order to qualify as intervention, the requirements of the democratic social order the appropriate and desired goal is not to the extent necessary, but the democratic social order In order to be accepted in accordance with the requirements, both a compulsory social need is met and it should also be proportional. 18. However, individuals have the right to express their opinions through freedom of expression. between the legitimate aims mentioned in the second paragraph of Article 26 of the Constitution and It is also necessary to establish balance. Because in an incident, the only bayna to be found a right is not abolished. Therefore conditions of the event between meru amagla right A balance must be established in work. 19. It should also be noted that the response to freedom of expression is urgent and Whether it is suitable and suitable for meeting a compulsory social need, the appropriateness of the requirements set out in the intervention, and Public authorities have a significant margin of appreciation regarding their competence. 20. The interference with the applicants' freedom of expression in the concrete case, number 5651 national security and Based on the provision of Article 8 / A of the Law, public order protection.sl ... "but ivin yaplml} tl. 21. The decision was subject to blocking access iqerik in Turkey, Syria }} ln war or mother iQ is considered one of the most important actors $ dL, Turkey's current opposed to the regime and supported opposition forces in Syria, including terrorist organizations. allegations are taking place, al-Nusra, military aid to the terrorist organizations such as $ 1 iD, It has been suggested that logistics has also been provided, and oil trade with more ISID. 22. Whether an expression is a statement that should be punished, each event it is an issue that needs to be evaluated at its own k0 $ 111. Depending on this situation "a expression "to persuade or direct listeners, readers, or behave $ l the effect of that "expression" in the context and intention that comes to life, It varies according to the positions of those who bring the "expression" to life and the size of the expression. These determine the pragmatic power of expression.
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23. Turkey's national security and public mention of the issue in the present case igerik Whether they posed a threat to the deterioration of the order, they were made available to access I have been around the country as of history and have strong national security and public order. assessment with if and security uses that have the potential to affect is required. 24. Application iqerik issues in Turkey's iibirlig the yaptlél, supported by the, them one of the organizations claimed to have been engaged in weapons and other oil The mother of banlarl, Turkey is now set »Located resident in the country and the world usa threats for security, by evaluating the ones they pose, global cooperation by many countries It is the organizations that are struggling globally and struggling. In the countries that these organizations used as a base, a klS1m events spread at that time they are directly related to the country's national security and public order. 25. As such, the Turkish State, the war in iv, which took place in the Syrian country} l they are a threat to world security by many countries. Assisting the organizations to fight against the global cooperation, by providing weapons and providing other assistance, providing military and logistical support, oil trade with them the conditions for the iq and external security of the iveriks sued by doing so Undertaking, it has the qualification that threatens the country's national security and public order. they are not included and they are not included in the situations that are calmly delayed, indirectly, it is the subject of the decision to prevent access in terms of public requirements. access cannot be said, indirect) with respect to the aforementioned it is not a public necessity to decide to prevent It is concluded that it cannot be said. 26. However, the implementation of the blocking of the whole site} Communication and other rights of the people who benefited from the related website. Turkey's national security and public order, the rights of the public from baklmn / benefit there is no qatl} mammü in between. 27. In the incident, the administration communicated to the people who used the relevant website and other to ensure that access to the content is prevented only before the protection of rights In order to remove the content from the site, by applying the "warn - remove" mechanism and en geq to be used in legal notices, voluntarily to fulfill four hours work Wikimedia Foundation power of attorney and vermin in Turkey via e-mail addresses that are presented; they were notified to lawyers. 28. In the notification, the technical reasons may not be measures will be implemented to prevent access to the entire site, not just the content specified, immobile by both Vaklfve and lawyers. Measure to prevent access to the entire website https://www.wikipedia.org and the decision has been submitted to the approval of the Judge. 29. In my judgment, blocking access to the entire website Although the decision has been confirmed, Cikanlmast accesses the desired content by the website It was stated to $ i.
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30. According to the stated situation, the integrity of the event and the nature of the subject Given the privilege of the public authorities' discretion, To the iqeriks at two different URLs on the website www.wikipedia.org access blocking is mandatory in terms of public requirements, therefore, The democratic social order of the interference with the applicants' freedom of expression comply with the requirements and comply with a compulsory social need; two separate iqerik First of all, the website owners should attitude, then only technically possible to prevent access to relevant content a proportional intervention of the intervention, given that it was considered to be applied due to the absence of expressing their ideas through freedom of expression, with another thing} between the rights and the meiru amaglar mentioned in the 2nd paragraph of Article 26 of the Constitution the requirements in the provision of balance and courts of instance are appropriate and appropriate. It is concluded that there is sufficient level. 31. On the other hand, the period after the individual notice by the first applicant Dilekqe presented to the Constitutional Court on 28.05.2018, Ankara l. Peace Penalty After the decision of preventing the access of his judge, volunteer Wikipedia Extensive changes have been made on the articles subject to the decision by the editors. specified and preventing access, the content subject to the blackout has been substantially modified $ although it has been suggested that the judgment of judgment was devoid of support, Real changes in the individual subjected to individual applications a} but as it does not fall within the mandate of the Constitutional Court, it affects the result It is unprecedented. However, the issue stated in the wish of the amlan bayur is related. the decision subject to the application, by notifying the administrative authorities and courts of instance, There is no legal or actual obstacle to its provision. 32. Also, despite the denial of access to the content of the banner, The first applicant could also be accessed through various methods developed with the help of} Thus, the decision to prevent the access to the subject of the application It is also not one of the issues to be observed in the examination made by the Constitutional Court. it should be noted. 33. We agree with the decision of violation based on the view of the goggles for the reasons stated. U Muammer TOPAL Member Recai AKYEL Member View Kadir's Full Profile Member Yildiz SEFERiNOGLU Member Ridvan GÜLEC Member Selahaddin MENTES
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