CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 février 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   Communicated on 1 February 2017   SECOND SECTION Application no. 15076/08 Öykü ÖZEN and Mehmet OZEN against Turkey lodged on 24 March 2008 SUBJECT MATTER OF THE CASE Relying on Article 5 of the Convention the applicants complain that the decision of the Bursa Magistrates’ Court restricting their access to the investigation file prevented them from effectively challenging the lawfulness of their detention on remand. QUESTIONS tO THE PARTIES Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their pre-trial detention, as required by Article 5 § 4 of the Convention? In particular, was the principle of equality of arms between the applicant and the prosecution respected in the present case with respect to the Bursa Magistrate’s Court’s decision of 31   August 2007 restricting the applicants’ access to the case-file?   The Government are invited to submit a copy of the file of investigation no.   2007/30374 in so far as it concerns the applicants, including all documents relating to the reasons for the applicants’ arrest, detention in police custody and pre-trial detention, as well as the file of the case brought against the applicants and their co-accused.