10.12.2024 22:21
In the case regarding the murder of former Ülkü Ocakları President Sinan Ateş, Apple requested more information regarding the phone passwords of two defendants. The court is awaiting a response by January 14, 2025.
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The response from Apple regarding the court's request for passwords came in the trial concerning the murder of former Ülkü Ocakları President Sinan Ateş. Apple, which requested more detailed explanations from the court regarding the defendants Mustafa Ensar Aykal and Serdar Öktem, stated, "We will make every effort to fulfill the request if appropriate after the authorities obtain the information," giving a deadline until January 14, 2025.
In the case where 22 defendants are being tried for the murder of former Ülkü Ocakları Education and Culture Foundation President and Hacettepe University Faculty Member Assoc. Prof. Dr. Sinan Ateş, a letter was sent to the Apple company in the USA by the Ankara 32nd Heavy Penal Court for the provision of the phone passwords of MHP lawyer Serdar Öktem and former Ankara Homicide Bureau Chief Mustafa Ensar Aykal.
APPLE REQUESTED DETAILED INFORMATION
Apple responded to the request. Requesting more detailed information on why the phone passwords of Ensar and Aykal were needed, Apple stated, "We will make every effort to fulfill the request if appropriate after the authorities obtain this information. If we do not receive a response by January 14, 2025, we will assume that the authorities no longer need this information and will close our file on this matter."
Apple's response is as follows: "First of all, I understand that Turkish authorities are requesting the iCloud passwords for the mentioned mobile phones. As I have previously informed Turkish authorities, Apple cannot provide passwords for Apple phones or iCloud accounts. Assuming we could provide any of the requested records, the password would not be included.
Secondly, as you already know, U.S. laws require us to obtain a search warrant from a U.S. court to investigate content records. To do this, we must present sufficient facts that would allow a U.S. judge to make an independent determination that (1) a crime has been committed and (2) there is "probable cause" to believe that the account to be investigated contains evidence. In other words, to support the probable cause, we must present specific facts that support the belief that the requested evidence will be found among the account records and that these records are related to criminal activity. Additionally, a U.S. judge will need to know the source of the evidence supporting the probable cause to assess its reliability.
ANSWERS TO QUESTIONS REQUESTED
Upon reviewing the request, I could not understand why Turkish authorities believed that evidence related to the murder would be found in the search of Serdar Öktem's and Mustafa Ensar Aykal's phones. For each suspect, please answer the following questions:
1. What is the role of this suspect in the murder? How do you know? Please specify the sources of all the information you provide.
2. Why do you think that a search of the suspect's phone will provide evidence related to the murder?
Additionally, please provide a chronological account of the events leading to the victim's death and explain the sources of this information. Statements like "It appears that..." are not sufficient. You must explain how Turkish authorities identified each significant fact.
After the authorities obtain this information, we will make every effort to fulfill the request if appropriate. If we do not receive a response by January 14, 2025, we will assume that the authorities no longer need this information and will close our file on this matter. If more time is needed, please inform us how much time the authorities require. Responses to these questions via email will suffice and will expedite the processing of this request.
THEY DID NOT PROVIDE THEIR PASSWORDS
Defendants Serdar Öktem claimed that he experienced memory loss due to Covid19 and could not remember the phone password, while former Homicide Bureau Chief Mustafa Ensar Aykal, who served in the investigation for 9 months, stated that he did not want to share his phone password. As a result of the trial, it was decided to separate the case file opened against Serdar Öktem and the then Ankara Police Department Homicide Bureau Chief Mustafa Ensar Aykal for "aiding and abetting intentional murder," and additionally against Aykal for "illegally obtaining and disseminating personal data." Öktem was released, while Aykal's detention was ordered to continue.
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