In the analysis it is emphasized that like other fundamental rights and liberties, the right of privacy and freedom of communication are protected by the Constitution against the state powers- legislation, execution, and jurisdiction- and freedom of communication is unlimited and absolutely untouchable. However, it is indicated that the 8th article of the European Court of Human Rights convention secures freedom of communication as a right; in addition it is not absolute and limitless for the states within its authority not to interfere in individuals’ right of communication.
Within the frame of the European Convention on Human Rights and the European Court of Human Rights, the states have the right and authority to interfere in the privacy of privacy and freedom of communication; furthermore there were no law and law enforcement to arrange obviously the control of the communication system, which was a measure, in Turkey until 1999. At that time, that measure was applied by interpreting the 91st article of Criminal Procedure Act no.1412 and it is stated that the legal regulations were arranged thoroughly in consideration of the European Court of Human Rights’ decisions on that matter.
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