Construing the acts that are in the scope of fundamental rights and freedom as evidence in the verdict of conviction

An activity that is in the scope of a fundamental right and freedom can constitute the material element of a crime and be subject to punishment directly. However, activities that are in the scope of fundamental rights and freedoms that do not constitute a crime in itself can be used as evidence to prove that a crime has been committed. Especially in terms of crime of being a member of a terrorist organization, which is accepted as a status offense and constitutes an exception to the principle that preparatory actions are not punishable, many activities that are in the scope of many fundamental rights and freedoms, such as freedom of expression, freedom of assembly and association, right to property, can have a important function in proving the organic link between the perpetrator and the organization. These activities may also be subject to punishment in the context of aiding a terrorist organization and committing crimes on behalf of an organization that it is not a member of. In this context, the fact that an activity that is in the scope of fundamental rights and freedoms is the subject of a verdict of conviction constitutes an interference in terms of the relevant right. Within the scope of the thesis, the mentioned type of interference is discussed in the context of human rights law. The thesis, in which the European Court of Human Rights and Constitutional Court's method of examining individual applications is adopted, consists of three main sections. In this respect, the interference is considered in the context of tests of "prescribed by law", "legitimate aim" and "proportionality/necessity in a democratic society".