M.A. v. Türkiye – Human Rights Committee (CCPR/C/135/D/3736/2020)


1. Case Title

M.A. v. Türkiye – Human Rights Committee (CCPR/C/135/D/3736/2020)

2. Respondent State

Türkiye

3. Established Human Rights Violations

The Committee found that M.A.’s detention was unlawful and disproportionate, amounting to arbitrary deprivation of liberty. It further held that she was denied core fair-trial guarantees—including the ability to prepare her defence, access her case file and be physically present during trial—while being held in degrading detention conditions contrary to human dignity. Her conviction was based on activities that were neither clearly criminal nor foreseeably prohibited at the time, violating the principle of legality.

4. Theme of the Case

This case sits at the intersection of arbitrary detention, unfair trial standards, and the criminalisation of digital activities and online expression. It showcases systemic concerns in national security prosecutions, where online behaviour, digital associations or lawful online participation are misinterpreted as criminal evidence. The case highlights due-process risks for women and individuals with health vulnerabilities in restrictive environments.

5. Impact

The Committee requested Türkiye to release M.A., annul her conviction and provide adequate reparation. The case reinforces global norms protecting digital civic space, confirming that individuals cannot be prosecuted for lawful online behaviour, digital expression, or participation in peaceful online communities. The Views are now cited internationally for affirming that digital traces and online associations—without genuine criminal conduct—cannot justify restrictions on liberty. This case strengthens strategic litigation efforts challenging the misuse of digital activity in terrorism-related prosecutions and contributes to international standards safeguarding women, human-rights defenders and vulnerable detainees in the digital age.