ECHR Rules Turkey Violated Fair Trial in Lawyerless Confession Case

European Court of Human Rights Condemns Turkey Over Unfair Trial

The European Court of Human Rights (ECHR) has ruled that Turkey violated the right to a fair trial of Ayhan Aykaç, a former Kurdistan Workers' Party (PKK) fighter, whose conviction was based on a confession made without legal representation. The judgment, delivered on Tuesday, December 9, 2025, underscores the fundamental importance of access to a lawyer during police interrogations.

Details of Aykaç's Arrest and Conviction

Ayhan Aykaç was arrested in 2000 on suspicion of being a member of the PKK, a banned Kurdish militant group. During his initial police questioning, he provided a statement and confessed to rejoining the PKK after a previous prison term, training in northern Iraq, and taking on a command role in operations in Turkey's southeast. Crucially, this confession was given without a lawyer present. At the time, Turkish law permitted the denial of legal access to terrorism suspects during initial police questioning.

Aykaç later recanted his confession, asserting it was made under pressure. Despite his retraction, a regional criminal court in Malatya found him guilty in 2007 of plotting against the unity and territorial integrity of the state. The court heavily relied on his police statements and written testimonies from other PKK members. His life sentence was subsequently upheld by Turkey's top appeals court and, in 2021, by the Constitutional Court.

ECHR's Stance on Right to Legal Assistance

The ECHR found that there was no compelling justification for denying Aykaç access to an attorney. The court emphasized that relying on a confession obtained without legal counsel 'irretrievably undermined the fairness of the entire trial'. The judges also noted that prosecutors based their case on witness statements from individuals whom Aykaç never had the opportunity to confront in court, further deepening the injustice.

This ruling aligns with the precedent set by the landmark Salduz v. Turkey case in 2008, which established that individuals must have access to a lawyer from their first interrogation, unless there are very compelling reasons to deny it, and that incriminating statements made without legal assistance should not be used as a basis for conviction.

Implications and Damages

For the violations of his rights, the ECHR awarded Ayhan Aykaç 1,500 euros in non-pecuniary damages. Turkey now has a three-month period to request a review of the case by the ECHR's Grand Chamber, though such referrals are rarely granted. If no appeal is made or if it is rejected, the judgment will become final and binding, requiring the Turkish government to pay the damages and potentially opening the door for a retrial for Aykaç, who remains incarcerated.