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IP Treaties Collection

Contracting Parties Convention on Cybercrime Türkiye

Dates Signature: November 10, 2010 Ratification: September 29, 2014 Entry into force: January 1, 2015

Declarations, Reservations

Declarations made upon ratification:
1. "In accordance with Article 40 and Article 2 of the Convention, the Republic of Turkey declares that it requires that the offences be commited by infringing security measures, with the intention of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system."
2. "In accordance with Article 40 and Article 7 of the Convention, the Republic of Turkey declares that the offence set forth in Article 7 regarding computer-related forgery requires an intent to defraud or similar dishonest intent under Turkish Law."
3. "In accordance with Article 24, paragraph 7(a), of the Convention, the Republic of Turkey designates the Ministry of Justice as the authority responsible for making or receiving requests for extradition or provisional arrest, in the absence of an extradition treaty."
4. "In accordance with Article 27, paragraph 2(c), of the Convention, the Republic of Turkey designates the Ministry of Justice as the central authority responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution."
5. "In accordance with Article 35, paragraph 1, of the Convention, the Republic of Turkey designates as point of contact available on a twenty-four hour, seven-days-a-week basis:
Turkish National Police, Department of Cybercrime, Kιzιlιrmak Mah. Anadolu Bulvarι 2185.Sk. No: 14, 06520 Söǧütözü-Çankaya / ANKARA, siber@egm.gov.tr"

Reservations made upon ratification:
1. "In accordance with Article 42 and Article 14, paragraph 3(b), of the Convention, the Repubic of Turkey reserves the right not to apply the measures referred in Article 20 and Article 21 to communications being transmitted within a computer system if the system is being operated for the benefit of a closed groupe of users and does not employ public communications networks and is not connected with any other public or private computer system."
2. "In accordance with Article 42 and Article 22 of the Convention, the Repubic of Turkey reserves the right to establish jurisdiction within the scope of Article 11 and 13 of the Turkish Criminal Law when the offence is committed by a Turkish national outside its sovereign territory."
3. "In accordance with Article 42 and Article 29, paragraph 4, of the Convention, the Republic of Turkey reserves the right to decline the request for preservation of data under this article in cases where it has reasons to believe that at the time of the disclosure of stored computer data the condition of dual criminality cannot be fulfilled."

 


Act(s) Article(s) Signature Instrument Entry into Force