of the 5th Criminal Court of Peace of İstanbul Anatolia dated 18/3/2014 and No. 2014/181
and of the 14th Criminal Court of First Instance of İstanbul Anatolia dated 3/2/2014 and No.
2011/795 and access to the web site twitter.com has been blocked.
9.
The decision of TİB is as follows:
“…
The Presidency of Telecommunication and Communication functions in line with the Law No.
5651 and other relevant provisions in the legislation.
Upon complaints from our citizens, the judgments to block access have been rendered by the
courts of the Republic of Turkey due to the violation of personal rights and of privacy on Twitter.
These judgments have been submitted to the Presidency of Telecommunication and
Communication and our Presidency requested from Twitter that the relevant content be removed.
However, despite all our bona fide efforts for the implementation of the court judgments,
Twitter has remained indifferent with regards to the said judgments and failed to recognize the court
judgments.
The said web site which is based abroad has ignored the judgments rendered by the courts of
the Republic of Turkey.
Hence, the measure to block access to Twitter has been implemented in line with the court
judgments since there was no other choice left to prevent the non-recoverable future injuries to our
citizens. The Presidency of Telecommunication and Communication is liable to implement court
judgments within the framework of the principle of the state of law.
The blockage of access implemented as a precautionary measure will be ended if the said web
site which is based abroad abides by the judgments of the Turkish courts and removes the illegal
contents.
The members of the public are kindly requested to be informed on the matter.”
10. TİB has blocked access to Google DNS addresses when it is found out that users
log in to the blocked web site twitter.com by changing their DNS settings.
11. The applicants have filed direct individual applications claiming that the lodging
of an action for annulment before the administrative judiciary bodies against this decision of
TİB is not an effective remedy which needs to be exhausted.
12. Meanwhile, in relation to the court case filed by the Presidency of the Union of
Turkish Bar Associations against the said action of access-blocking by indicating the
Presidency of Telecommunication and Communication and the Information and
Telecommunications Technologies Authority as the adverse parties whereby a stay of
execution is requested, the 15th Administrative Court of Ankara decided by majority of votes
on 25/3/2014 on the stay of execution of the action which is the subject of the court case until
a new judgment is rendered after the defence statements of the administrations standing as
defendants and their interlocutory judgment response are taken or the duration for defence and
for response to interlocutory judgment expire.
13. The part in relation to the stay of execution in the said judgment of the 15th
Administrative Court of Ankara is as follows:
“…
Due to the facts that the action which is the subject of the case is in relation to the complete
blockage of access to the web site with the domain name “twitter.com”, that this is of a quality which
may restrict the freedoms of expression and communication which are guaranteed by the Constitution
of the Republic of Turkey and the European Convention on Human Rights and that, if implemented, it
may cause damages which are difficult to compensate for, it was adjudicated by majority of votes on
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