If the application is not accepted due to a procedural error made by the applicant, domestic remedies will not be exhausted. However, if the applicant has not complied with the formal rules provided for in domestic law, but the competent authority has nevertheless examined the appeal on the merits, it can no longer be determined that domestic remedies have not been exhausted (cf. Mitropolia Basarabiei Si Exarhatul Plaiurilor and Others v. Moldava (dec), no._cc781905- 5cde-3194-bb3b-136bad5cf58d_45701/99, June 7, 2001; Skałka – Poland (dec), no. 43425/98, October 3, 2002; Jalloh – Germany (dec), no. 54810/00, October 26, 2004; and Vladimir Romanov cited above, §52).
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ABDURRAHMAN YEMİŞ
(Application Number: 2017/29347)
As a matter of fact, the Court of Cassation pointed out that the finding that the imams of FETÖ/PDY communicated with people in the private services class via payphone or fixed telephone lines can be accepted as evidence showing the connection of the person with the organization under certain conditions. In these circumstances, the aforementioned fact should be accepted as a strong indication of crime when evaluated together with the above-mentioned witness statement (§48).
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