With the widespread use of smartphones, messaging apps, email, and social media, the nature of evidence presented in Turkish courts has significantly evolved. Today, digital evidence—including WhatsApp messages, screenshots, video recordings, audio files, and metadata—plays a critical role in both civil and criminal cases. However, not all digital records are automatically admissible, and Turkish courts apply strict criteria when evaluating the authenticity and reliability of such materials.
At ER&GUN&ER Law Firm, a trusted Turkish Law Firm, our English Speaking Turkish Lawyers assist clients in presenting, challenging, and authenticating digital evidence in litigation and investigations. This guide offers a comprehensive overview of how electronic evidence is handled by Turkish courts, which standards apply, and what steps you must take to ensure your data is admissible.
What Qualifies as Digital Evidence in Turkey?
Digital evidence refers to any electronically stored information that may be presented as proof in a legal proceeding. Under Turkish law, it includes but is not limited to:
- WhatsApp and SMS text messages
- Emails and email headers
- Social media posts, likes, comments
- Call logs and phone records
- Security camera (CCTV) footage
- Screenshots, screen recordings
- Digital contracts, e-signatures, blockchain records
The Turkish Code of Civil Procedure (HMK) and the Criminal Procedure Code (CMK) both provide frameworks for the admissibility of such materials, provided that chain of custody, authenticity, and collection legality are proven.
How Do Turkish Courts Verify Digital Evidence?
Turkish courts analyze the following aspects before accepting digital evidence:
- Authenticity: Is the file unaltered, traceable to a specific device or user?
- Collection Legality: Was the evidence obtained with consent, judicial warrant, or proper procedural method?
- Chain of Custody: Can the data's storage and handling be accounted for?
- Expert Forensics: Has a certified expert validated the evidence through examination?
Unverified screenshots or printouts may be rejected unless supported by additional evidence or expert analysis.
Is WhatsApp Evidence Acceptable in Turkish Courts?
Yes—Turkish courts often admit WhatsApp messages if their authenticity and relevance are established. To strengthen admissibility:
- Provide full chat history, not isolated messages
- Include date/time stamps and contact name/number
- Obtain notarized translations if messages are in a foreign language
- Request court-appointed forensic expert to extract data directly from device
Our Turkish Law Firm routinely assists clients in preparing full and forensically credible WhatsApp transcripts, especially in divorce, fraud, and workplace harassment cases.
Legal Use of Email and Social Media Evidence
Emails are considered more formal and are often used in commercial litigation. Courts examine:
- Header data (IP address, server info)
- Sender and receiver verification
- Company domain usage (e.g., corporate email systems)
- Reputation of sender’s email host
Social media posts (Twitter, Facebook, Instagram) are acceptable if they can be linked to the person via username, photos, or behavior pattern. However, fake accounts or anonymous comments require deep forensic investigation to attribute authorship.
Digital Forensic Reports and Court Experts
In many high-stakes cases, Turkish courts appoint independent forensic IT experts to evaluate digital materials. These experts perform:
- Metadata analysis
- IP and MAC address matching
- Timeline reconstruction
- File integrity checks (e.g., hash value confirmation)
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers collaborate with court-approved forensic experts to submit bulletproof evidence reports.
Can Illegally Obtained Digital Evidence Be Used?
No. Turkish courts generally reject evidence that is obtained illegally—such as recordings without consent, hacked messages, or surveillance without judicial order. Exceptions exist when the evidence protects a fundamental right (e.g., self-defense against blackmail), but even then, the scope is narrow and court-dependent.
Real Case Examples
- 🇬🇧 A British national in Istanbul used WhatsApp messages to prove tenant fraud. Our Turkish Law Firm had the messages extracted by forensic expert—accepted as full evidence.
- 🇩🇪 A German company submitted email threads to dispute contract performance. Emails with verified headers were admitted and used to dismiss ₺800,000 claim.
- 🇷🇺 A Russian client’s hidden camera footage was rejected in criminal court due to privacy violation—despite showing theft.
Frequently Asked Questions (FAQs)
- Can I use screenshots from my phone? Yes, but they must be verified by an expert or accepted by the other party.
- Are voice messages on WhatsApp admissible? Yes, if metadata and sender identity can be proven.
- Can I present deleted messages? Yes, if recovered by forensic methods and included in expert report.
- Do I need a lawyer to present digital evidence? Strongly recommended. Judges give more weight to well-submitted, structured, and translated materials.
Contact Our Digital Evidence Litigation Team
If you need to present or challenge digital evidence in a Turkish court, proper legal strategy and technical handling are crucial. At ER&GUN&ER Law Firm, our team of English Speaking Turkish Lawyers helps individuals and companies secure their claims with admissible digital data. Trust our experienced Turkish Law Firm to build your case with credibility and impact.