According to the jurisprudence of the General Assembly of Law dated 02.11.2022 and numbered 2020/2-26 E. 2022/1434 K.
With the provision “Evidence obtained illegally cannot be taken into account by the court in proving a fact” in the article titled “Right of Proof” of the Code of Civil Procedure (HMK) No. 100, it is clearly accepted that evidence obtained illegally cannot have the power of proof. Thus, the legal framework of the evidence-related aspect of the right of proof has been drawn; The principle that any evidence that may be put forward in a case must be obtained through lawful means has been introduced. In practice, it is accepted that records obtained as a result of violation of personal rights, private life space and confidentiality cannot be considered as evidence. The point that should be emphasized carefully here is; “The evaluation of evidence obtained illegally” should be decided on the basis of the rule of honesty, which is also valid in civil procedure law, and in each concrete case, an evaluation should be made according to the characteristics of that event. In this regard, the issue of fitness for purpose should also be taken into consideration between the violated legal provision and the interest sought to be proven. In the examination of the expert report regarding the transcript of the six DVDs submitted to the file by the husband in the case at hand, the videos inside and the screenshots taken at regular intervals; From the woman’s statements such as “Look, don’t stop filming me, don’t film me, why are you filming me all the time, what is your purpose, I don’t understand why you filming me, are you going to use it as evidence in court?”, another statement is that the woman knew that the man was filming in the shared residence. It appears that he did not. If so, it is undisputed that it cannot be said that the CD in the file was obtained illegally without the woman’s knowledge…”