CEDH · CASELAW;COMMUNICATEDCASES;ENG — 5 mai 2017

.s800EAC49 { font-size:12pt } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .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 } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s4ACA9207 { page-break-before:always; clear:both; mso-break-type:section-break } .s86439055 { margin-top:36pt; margin-bottom:12pt } .sEBEEB522 { margin-left:42.3pt; border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sDF237D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:8pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s6B505E72 { margin:0pt; padding-left:0pt } .s4F2ADFDB { text-align:center; font-family:Arial; font-size:8pt; list-style-position:inside } .sBB6163A7 { width:2.48pt; font:7pt 'Times New Roman'; display:inline-block } .s29100277 { font-family:Arial; font-weight:bold } .sAA374627 { height:69.9pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt }   Communicated on 5 May 2017       SECOND SECTION Application no. 32841/09 İskender TUTAR against Turkey and 13 other applications (see list appended) SUBJECT MATTER OF THE CASE The applications concern the alleged unfairness of the criminal proceedings due to the systemic restriction imposed on the applicants’ right of access to a lawyer during the pre-trial stage pursuant to Law no. 3842 and the subsequent use by the trial court of those statements taken in the absence of a lawyer and allegedly under duress (see Salduz v.   Turkey [GC], no.   36391/02, ECHR 2008; Özcan Çolak v.   Turkey , no. 30235/03, §§ 47-50, 6   October 2009; and İbrahim and Others v.   the   United Kingdom [GC], nos.   50541/08 and 3 others, ECHR 2016). It further concerns the alleged lack of independence and impartiality of the trial court due to the presence of a military judge in its composition for the first six years of the trial (see Incal v.   Turkey , 9 June 1998, Reports of Judgments and Decisions 1998 ‑ IV; and compare Ceylan v.   Turkey (dec.), no. 68953/01, 30 August 2005). The cases raise issues similar to those in the case of Abdulgafur Batmaz v.   Turkey (no.   44023/09, 24 May 2016).   QUESTIONS tO THE PARTIES 1.     Did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention? In particular, has there been a breach of Article 6 § 3 (c) of the Convention, as a result of the lack of legal assistance available to the applicant during the preliminary investigation (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and İbrahim and Others v.   the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016)? 2.     Did the use of statements taken under alleged duress and in the absence of a lawyer violate the applicants’ right to a fair hearing (see Özcan   Çolak v. Turkey , no. 30235/03, §§ 47-50, 6 October 2009)? 3.     Did the applicants receive a fair trial by an independent and impartial tribunal as required by Article 6 § 1 of the Convention (see İncal v.   Turkey , 9   June 1998, Reports of Judgments and Decisions 1998 ‑ IV; and compare Ceylan v.   Turkey (dec.), no. 68953/01, 30 August 2005)?   In respect of the applicant in application no. 35814/09:   4.     Has the applicant exhausted the domestic remedies in respect of his complaint under Article 3 of the Convention? In particular, has the applicant filed an objection against the Diyarbakır public prosecutor’s decision of non-prosecution dated 24 October 1995?   The Government are invited to submit copies of all the relevant documents concerning the applicants’ case, including but not limited to the minutes of all the hearings, documentary evidence against the applicants and the reasoned judgment of the trial court, the applicants’ and their lawyers’ written submissions both before the trial court and before the Court of Cassation. The Government are further requested to submit the pre-trial statements of the applicant in application no. 35831/09.     No. Application no. and date of introduction Applicant name date of birth place of residence nationality Represented by Date of arrest     32841/09 18/05/2009   İskender TUTAR 22/12/1975 Diyarbakır Turkish     On 10 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.       35788/09 04/06/2009   Mehmet Ali ENEZE 04/02/1974 Şanlıurfa Turkish     On 12 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.       35796/09 22/05/2009   Şahin YAPICI 16/08/1975 Diyarbakır Turkish     On 10 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.       35801/09 22/05/2009   Mehmet Zeki İNAL 01/01/1974 Diyabakır Turkish     On 12 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.       35808/09 21/05/2009   Sıdık KURT 01/01/1976 Diyarbakır Turkish     On 13 September 1999 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.       35814/09 20/05/2009   Sedat ŞERAN 27/01/1974 Diyarbakir Turkish     On 8 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.       35824/09 15/06/2009   Mustafa SEVİM 01/05/1972 Diyarbakır Turkish     On 12 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.       35831/09 15/06/2009   Kasım ERKAN 01/01/1974 Sivas Turkish     On 9 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.       35839/09 29/05/2009   Mecit DAMAR 06/08/1974 Ankara Turkish     On 31 July 2000 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.     38749/09 01/07/2009   Mahsum NAZLI 01/03/1974 Diyarbakır Turkish     On 11 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.     38756/09 26/06/2009   Mustafa DEMİR 11/04/1973 Diyabakır Turkish     On 6 December 1999 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.     47700/09 24/08/2009   Tamer GEZER 01/08/1972 Adiyaman Turkish     On 6 December 1999 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.     49015/09 18/08/2009   Veysi ÜLSEN 10/02/1968 Adana Turkish     On 10 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.     49026/09 20/08/2009   Güro ADEM 01/01/1972 Şanlıurfa Turkish     On 9 September 1994 the applicant was taken into police custody on suspicion of being a member of Hizbullah, an illegal organisation. The applicant’s statements before the police, the public prosecutor and the judge were taken in the absence of a lawyer.