1. Case Title

Özcan v. Türkiye – ECtHR (Application No. 18615/21)

2. Respondent State

Türkiye

3. Nature of the Case

The applicant was detained solely based on alleged use of an encrypted digital application and associated communication logs. He argues that digital activity alone cannot constitute “reasonable suspicion” for deprivation of liberty under Article 5.

4. Theme of the Case

The case concerns digital communication, criminalisation of encrypted-app use, metadata-based suspicion, and arbitrary detention under Article 5 §1(c). It highlights the risk of treating digital traces as criminal evidence without any individualised conduct.

5. Impact

A ruling in the applicant’s favour could affirm that use of a digital messaging app or presence in a digital network cannot justify arrest or pre-trial detention without concrete criminal indicators. The case may become a landmark for digital-rights protection and limit misuse of metadata in criminal investigations.