CEDH · CASELAW;COMMUNICATEDCASES;ENG — 9 mai 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 } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s6B505E72 { margin:0pt; padding-left:0pt } .sA56BACAB { font-family:Arial; font-weight:bold; list-style-position:inside } .s13783063 { width:6.24pt; font:7pt 'Times New Roman'; display:inline-block } .s3537C2D6 { font-weight:normal } .s29100277 { font-family:Arial; font-weight:bold }   Communicated on 9 May 2017   SECOND SECTION Application no. 5763/10 Ramazan ÇERİK and Others (see list appended) against Turkey lodged on 24 December 2009 SUBJECT MATTER OF THE CASE The application concerns 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 (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). QUESTION 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)?   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, the reasoned judgment(s) of the trial court, documentary evidence against the applicants, and the written submissions of the applicants and their lawyers throughout the proceedings.   appendix List of applicants   :       Ramazan ÇERİK born on 01/01/1977 is a Turkish national who was born in 1977, lives in Istanbul and, is represented by M. Erbil       Celal BEYAZKAYA born on 01/01/1982 is a Turkish national who was born in 1982, lives in Tekirdağ and, is represented by M. Erbil       Oktay KALAÇ born on 10/06/1974 is a Turkish national who was born in 1974, lives in Tekirdağ and, is represented by M. Erbil       İsmail Cengiz OĞURTAN born on 15/06/1974 is a Turkish national who was born in 1974, lives in Tekirdağ and, is represented by M. Erbil.