Questions from Apple regarding password request in Sinan Ateş murder trial: 'What is their role in the murder'

A response has been received from Apple regarding the court's request for passwords in the trial concerning the assassination of Ateş. 

Apple requested a more detailed explanation regarding defendants Mustafa Ensar Aykal and Serdar Öktem, who did not share their passwords with the court. Giving a deadline of January 14, 2025, Apple stated, “Once the authorities have provided the information, we will make every effort to fulfill the request if it is appropriate.”

Requesting more detailed information on why the phone passwords of Ensar and Aykal are being sought, Apple said, "Once the authorities have provided this information, we will make every effort to fulfill the request if it is appropriate. If we do not receive a response by January 14, 2025, we will assume that the authorities no longer require this information and will close our file on this matter.”

Apple's response is as follows:

“First of all, I understand that Turkish authorities are requesting the iCloud passwords for the mobile phones in question. As I have previously informed the Turkish authorities, Apple cannot provide passwords for Apple phones or iCloud accounts. Assuming we could provide any of the requested records, the password would not be included.

Secondly, as you are already aware, US law requires us to obtain a search warrant from a US court to investigate content records. To do this, we must present sufficient facts that would allow a US judge to make an independent determination that there is (1) 'probable cause' to believe that a crime has been committed and (2) that the account to be searched contains evidence. In other words, to support probable cause, we must present specific facts supporting the belief that the requested evidence will be found among the account records and that these records are related to criminal activity. Furthermore, a US judge will need to know the source of the evidence supporting probable cause to assess its reliability.

When I reviewed the request, I could not understand why Turkish authorities believe that a search of Serdar Öktem's and Mustafa Ensar Aykal's phones would yield evidence related to the murder. For each suspect, Serdar Öktem and Mustafa Ensar Aykal, please answer the following questions:

1. What is this suspect's role in the murder? How do you know? Please specifically state the source of all information you provide.

2. Why do you believe that a search of the suspect's phone will provide evidence related to the murder?

Additionally, please provide a chronological account of the events leading to and resulting in the victim's death, and explain the source of this information. Phrases such as 'It is understood that...' are not sufficient. You must explain how the Turkish authorities determined each significant fact.

Once the authorities have provided this information, we will make every effort to fulfill the request if it is appropriate. If we do not receive a response by January 14, 2025, we will assume that the authorities no longer require this information and will close our file on this matter. If more time is required, please let us know how much time the authorities need. Responding to these questions via email is sufficient and will expedite the processing of this request.

THEY HAD NOT PROVIDED THEIR PASSWORDS

Defendant Serdar Öktem claimed he suffered from memory loss due to Covid-19 and could not remember his phone password, while former Murder Bureau Chief Mustafa Ensar Aykal, who worked on the investigation for 9 months, stated that he did not want to share his phone password. As a result of the trial, it was decided to separate the case file for Serdar Öktem and the then-Ankara Police Department Murder Bureau Chief Mustafa Ensar Aykal regarding the charges of "aiding in intentional murder by planning," and additionally for Aykal, "unlawfully obtaining and disseminating personal data." Öktem was released, while it was decided that Aykal's detention would continue.

News Source: 12punto