CEDH · CASELAW;COMMUNICATEDCASES;ENG — 17 juin 2019

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .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 } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Communicated on 17 June 2019   SECOND SECTION Application no. 35572/12 Methi KAYA against Turkey lodged on 10 May 2012 SUBJECT MATTER OF THE CASE The application concerns the alleged unfairness of the criminal proceedings against the applicant on account of the alleged denial of access to a lawyer when he made statements before the police and the public prosecutor and the use of those statements by the trial court to convict him (see Simeonovi v. Bulgaria [GC], no. 21980/04, 12 May 2017). The Government are invited to submit copies of all the relevant documents concerning the applicant’s case, including but not limited to the minutes of all the hearings, the reasoned judgment of the trial court, documentary evidence against the applicant, and the written submissions of the applicant and his lawyer throughout the proceedings. QUESTIONS TO THE PARTIES 1.     Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention?   (a)     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? In particular, could the applicant be considered to have waived his right to legal assistance when giving statements to the police and the investigating judge? (see Simeonovi v. Bulgaria [GC], no.   21980/04, 12 May 2017)? (b)     Did the use by the trial court of the applicant’s statements to the police and the public prosecutor prejudice the overall fairness of the criminal proceedings against him?