CEDH · CASELAW;COMMUNICATEDCASES;ENG — 16 octobre 2020

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The circumstances of the case 2.     The facts of the case, as submitted by the applicants, may be summarised as follows. Background of the cases 3.     During the night of 15 to 16 July 2016 a group of members of the Turkish armed forces calling themselves the “Peace at Home Council” attempted to carry out a military coup aimed at overthrowing the democratically installed parliament, government and President of Turkey. 4.     During the attempted coup, soldiers under the instigators’   control bombarded several strategic State buildings, including the parliament building and the presidential compound, attacked the hotel where the President was staying, and held the Chief of General Staff hostage. They also attacked television channels and fired shots at demonstrators. During the night of violence, more than 250 people were killed and more than 2,500   were injured. 5.     The day after the attempted military coup, the national authorities blamed the network linked to Fetullah Gülen, a Turkish citizen living in Pennsylvania (United States of America) and considered to be the leader of an organisation known as FETÖ/PDY (“Gülenist Terror Organisation/Parallel State Structure”). Several criminal investigations were subsequently initiated by the appropriate prosecuting authorities in respect of suspected members of that organisation. 6.     On 16 July 2016, the Council of Judges and Prosecutors ( Hakimler ve Savcılar Kurulu – hereinafter “HSK”) suspended from office 2,735   judges and prosecutors, including some of the applicants, for a period of three months, pursuant to Article 77 § 1 and Article 81 § 1 of Law no. 2802. The HSK held that there were strong suspicions that the judges were members of the terrorist organisation that had undertaken the attempted coup d’état and that their remaining in office would undermine the proper conduct of the investigation and the authority and reputation of the judiciary. In doing so, HSK relied on information and documents contained in investigation files transmitted to it before the attempted coup d’état , as well as on information obtained as a result of investigations carried out by the intelligence services. 7.     On 20 July 2016 the Government declared a state of emergency for a period of three months as from 21 July 2016; the state of emergency was subsequently extended for further periods of three months by the Council of Ministers, chaired by the President. 8.     On 21 July 2016 the Turkish authorities gave notice to the Secretary General of the Council of Europe of derogation from the Convention under Article   15. 9.     During the state of emergency, the Council of Ministers chaired by the President passed thirty-seven legislative decrees (nos. 667-703) under Article   121 of the Constitution. One of them, Legislative Decree no.   667, published in the Official Gazette on 23 July 2016, provided in particular, under its Article 3, that the HSK was authorised to dismiss any of its members who were considered to belong to or be affiliated with or linked to terrorist organisations or organisations, structures or groups found by the National Security Council to have engaged in activities that were harmful to national security. The legislative decrees also placed significant restrictions on the procedural safeguards laid down in domestic law for anyone held in police custody or pre-trial detention (for example, extension of the period in which people could be held in police custody, and restrictions on access to case files and on the examination of objections against detention orders). 10.     On 10 August 2016, HSK further suspended 648 magistrates from their posts for a period of three months, including some of the applicants, on the grounds that they belonged to, or were affiliated with or linked to the FETÖ/PDY. 11.     By a decision of 24 August 2016, pursuant to Article 3 of Legislative Decree no. 667, the HSK, meeting in plenary session, dismissed 2,847   judges, all of whom were considered to be members of, affiliated with or linked to the FETÖ/PDY. Then, by a decision of 31   August 2016, it dismissed 543 other judges for the same reason. The applicants were thus dismissed from their functions. 12.     On 18 July 2018, the state of emergency was lifted. Personal situation of the applicants (a)    The applicants’ arrests and pre-trial detention 13.     On 16 July 2016, the office for offences undermining the constitutional order of the Ankara prosecutor’s office opened a criminal investigation and notified all regional and departmental prosecutors. Acting within the framework of that investigation, the prosecutors initiated criminal investigations into the involvement, during or after the attempted coup d’état , of persons linked with the FETÖ/PDY and of those not directly involved but having links with that organisation, including some members of the judiciary. 14.     The applicants were taken into police custody on various dates in the course of those investigations. At the end of their detention in police custody, they were brought before the magistrate’s courts, which ordered their detention on remand. The magistrate’s courts relied essentially on the fact that the applicants had been suspended from their functions by the HSK on the grounds that they were members of the organisation that had undertaken the coup d’état , and that the Ankara public prosecutor’s office had requested that an investigation be initiated into their involvement. The judges took into consideration the nature of the offence with which the applicants were charged, the evidence adduced and the potential penalty. They also noted that the investigations into the attempted coup d’état were being conducted nationwide, that statements had not been collected from all suspects, and that the offence with which they were charged was among the “catalogued” offences listed in Article 100 § 3 of the Code of Criminal Procedure (the “CCP”). The judges concluded that the applicants’ pre-trial detention appeared, at that stage, to be a proportionate measure. 15.     Objections lodged by the applicants against the detention decisions were dismissed by other magistrate’s courts, in similar terms to the first decisions. (b)    Decisions on the continuation of the applicants’ pre-trial detention and the dismissal of their objections 16.     The applicants’ continued pre-trial detention was reviewed automatically pursuant to Article 108 of the CCP, which provides for a review every thirty days. The judges ruled on the applicants’ requests for release at the same time as the detention reviews, pursuant to Article   3, paragraph   1 (ç), of Legislative Decree no.   668. 17.     In most cases, the magistrate’s courts ordered the continued pre-trial detention of the applicants, along with several other suspects. In their decisions, they essentially repeated the reasons given in the original detention decisions. They noted that a large proportion of those suspected of being members of FETÖ/PDY had fled and were still wanted. Taking into account the resources available to that organisation and its characteristics, the judges considered that there was a risk that the applicants might abscond, tamper with evidence and reoffend. The judges also stressed the seriousness of the offence with which the applicants were charged and the fact that not all the evidence had yet been collected. They concluded that the decisions to continue detention were in accordance with the information, documents and evidence contained in the investigation files. They added that given that there was still a clear and imminent danger associated with the attempted coup d’état , continued detention appeared to be a proportionate measure. They specified that since the suspects were former magistrates, there was a risk that they would try to influence or put pressure on the magistrates in office. 18.     In subsequent decisions on continued pre-trial detention, the magistrate’s courts also relied on the use of the ByLock encrypted messaging system by the persons concerned, and on witness statements. 19.     Objections lodged by the applicants were rejected by the magistrate’s courts, which relied on grounds similar to those indicated in their previous decisions. 20.     At the investigation stage, both applications for extension of the detention and objections to decisions to continue detention were examined on the basis of the case files, pursuant to Article 6, paragraph   1, subparagraph   1, of Legislative Decree no. 667. 21.     On various dates, the first-instance courts convicted some of the applicants of membership of a terrorist organisation. The criminal proceedings against some of the applicants are still pending before the local courts. 22.     During the trial, the trial courts, ruling either at the end of the hearings or during reviews carried out between the hearings, ordered the applicants’ continued detention. Appeals lodged against those decisions were dismissed. (c)    Individual applications to the Constitutional Court 23.     The applicants each lodged one or more individual applications before the Constitutional Court. On different dates, the Constitutional Court declared the applications inadmissible. As can be seen from those decisions, the various complaints submitted by the applicants were declared inadmissible on the following grounds: 24.     With regard to the lawfulness of the applicants’ detention, the Constitutional Court noted that, according to the indictments and/or the investigation files, the applicants were users of ByLock. It considered that, given the characteristics of that application, its use or its downloading for use could be considered by the investigating authorities as evidence of a link with FETÖ/PDY. In this connection, it referred to its judgment in the case of Aydın Yavuz , delivered on 20 June 2017. The use of encryption by the applicants had been considered, depending on the circumstances of the case, as “strong evidence” that they had committed the offence of membership of FETÖ/PDY. Consequently, it could not be concluded that the investigating authorities or the courts that had decided on detention had taken an unfounded and arbitrary approach. In addition, taking into account the reasons given in the decisions on detention and the dismissal of objections, the Constitutional Court held that there were grounds for detention and that the measure was proportionate. It also considered the applicants’ grievances to be manifestly unfounded. As concerns some of the applicants, the Constitutional Court noted that the indictments and/or investigation files contained witness statements indicating that the applicants were members of FETÖ/PDY. They had therefore been detained on the basis of “reasonable grounds to suspect” that they had committed an offence. 25.     As regards the complaints that the magistrate’s courts were not independent and impartial, and that the examination of the appeals by the same judges had deprived the applicants of an effective remedy against the deprivation of liberty, the Constitutional Court noted that it had already examined those complaints in several cases. Having taken into consideration the structural characteristics of the magistrate’s courts, it had concluded that the complaints were manifestly ill-founded. The Constitutional Court held that there was no reason to reach a different conclusion in the applicants’ cases. It also declared inadmissible the applicants’ complaints that magistrates lacked knowledge of certain procedural guarantees, as well as their complaints that the justice of the peace had lacked jurisdiction to decide on detention, as manifestly ill-founded. Given the nature of the offence with which the applicants were charged and the manner in which it had been committed, the Constitutional Court considered that it was appropriate to accept the ruling of the magistrate’s courts which had ordered the applicants’ detention, and found no error of assessment or arbitrariness. 26.     With regard to the absence of a hearing during the review of the detention decision, the Constitutional Court considered that there was no reason to depart from its landmark decision in the case of Aydın Yavuz , in which it had considered that the absence of a hearing during the review of the detention decision, lasting approximately nine months, had not violated the right to liberty and security. It therefore considered that those complaints were manifestly ill-founded. 27.     With regard to the restriction on access to the investigation file, the Constitutional Court considered, after examining the transcripts of the hearing, the decisions relating to the applicants’ detention, the objections against those decisions lodged by the applicants or their lawyers, and the documents and information contained in the investigation file, that the applicants had been informed of the elements that constituted the main grounds for detention, that they had had sufficient knowledge of their content and that they had been given the opportunity to challenge the decisions on their detention. It also found those grievances to be manifestly ill-founded. 28.     With regard to the applicants’ complaints regarding the lawfulness and length of their police custody, based on its well-established case-law on the subject, the Constitutional Court declared those complaints inadmissible for failure to exhaust the compensation remedy provided for in Article   141 of the CCP. 29.     The Constitutional Court dismissed the complaints lodged by some of the applicants concerning the lack of an oral hearing, non-notification or belated notification of the detention decision, lack of or delay in the examination of the case by the magistrate’s courts, and the lawfulness of the searches conducted by the authorities on the grounds that they had failed to use the compensation remedy provided for by Article   141 of the CCP. 30.     The Constitutional Court also dismissed the remaining complaints on the grounds that the applicants had not used the appropriate remedies. Relevant domestic law and practice 31.     The relevant domestic law and practice are set out in Alparslan Altan v.   Turkey (no. 12778/17, §§ 46-64, 16 April 2019) and Baş v.   Turkey , (no.   66448/18, §§   52-104, 3   March 2020). COMPLAINTS 32.     The applicants complained of a violation of Article   5 of the Convention for the following reasons: -     Some of the applicants claim that they were detained on remand in breach of the procedural guarantees provided for in domestic law for prosecutors and judges. -     Some of the applicants complain that they were held in detention in the absence of any suspicion that they had committed an offence and without relevant and sufficient grounds. -     Some of the applicants complain that they were not informed of the reasons for their arrest and any charge against them. -     Some of the applicants claim that the length of their pre-trial detention was excessive. -     Some of the applicants complain that the domestic courts did not hold a hearing when reviewing their pre-trial detention, that they were not notified of the opinion of the public prosecutor on those reviews and that their access to the investigation file was restricted. -     Some of the applicants complain that their release requests and objections were not examined or were examined belatedly. -     Some of the applicants complain that the decisions to extend their detention were not notified to them or were notified belatedly, and that therefore they were unable to appeal against those decisions. -     Some of the applicants complain that they did not receive effective legal assistance and facilities to challenge their detention; in particular, their communication with their lawyers was monitored by the prison authorities. -     Some of the applicants complain that the time taken by the Constitutional Court to conduct its examination of the case was excessive. -     Some applicants allege that there was no remedy available to them to obtain compensation. The specific complaints in respect of each applicant can be found in the appended table. 33.     Lastly, relying on Article 8 of the Convention, some of the applicants (in applications nos. 24366/19, 25280/19, 26378/19, 27075/19) complain that the searches conducted by the authorities in their homes were unlawful. QUESTIONS TO THE PARTIES On the basis of the complaints communicated in accordance with the list in the Appendix   1.     (a)     Did the applicants’ pre-trial detention take place “in accordance with the law”, in view of the procedural guarantees provided to the judges and prosecutors by domestic law?   (b)     Can the applicants be considered to have been detained on the basis of “a reasonable suspicion” that they had committed an offence (see, in particular, Fox, Campbell and Hartley v. the United Kingdom , 30   August 1990, § 32, Series A No.   182)?   In particular, the parties are invited to answer this question taking into account, -     on the one hand, Article 100 of the Code of Criminal Procedure, which requires “concrete evidence demonstrating the existence of strong suspicions” as to the commission of the offence, and -     on the other hand, the fact that the Constitutional Court based the existence of reasonable suspicion on evidence discovered after the decisions had been taken to detain the applicants.   2.     Was the applicants informed promptly of the reasons for their arrest and of any charge against them, as required by Article   5   §   2 of the Convention?   3.     Did the judges, who ordered the applicants’ pre ‑ trial detention and examined the objections lodged against that measure, fulfil their obligations to provide relevant and sufficient grounds in support of the deprivation of liberty in question (see, in particular, Buzadji v.   Republic of Moldova [GC], no.   23755/07, §   102, ECHR 2016 (extracts))?   4.     Was the length of the applicants’ pre-trial detention in breach of the “reasonable time” requirement under Article   5 §   3 of the Convention?   5.     Did the applicants have at their disposal a remedy by which they could challenge the lawfulness of their deprivation of liberty, as required by Article   5 §   4 of the Convention? In particular, the Government are invited to respond to the following complaints made by the applicants:   -     that the principle of equality of arms had not been respected, as the decisions to extend their detention and their objections to those decisions had been examined without a hearing and the prosecutors’ opinions had not been communicated to them;   -     because of the restriction imposed on their access to the case file, they had been unable to challenge effectively their detention;   -     that their objections had not been examined or had been examined belatedly;   -     that the decisions to extend their detention had not been notified to them or had been notified belatedly, so they had been unable to lodge objections against them;   -     that they had had no effective legal assistance or facilities to challenge their detention; in particular, that their communication with their lawyers had been monitored;   -     and lastly, that the time taken by the Constitutional Court to examine their individual applications had been protracted.   6.     Was the compensation remedy provided for by Article   141 of the Code of Criminal Procedure considered an effective remedy for complaints concerning lack of an oral hearing, for failure to notify or belated notification of the detention decision and, lastly, lack of or delay in the examination by the magistrate’s court under Article   5   §   4 of the Convention? If so, the Government are requested to produce a copy of the court decisions awarding compensation, on the basis of those provisions, to a litigant in a situation similar to that of the applicants.   7.     Did the applicants have, as required by Article   5   §   5 of the Convention, an effective and enforceable right in court to obtain compensation for their detention, which they consider to have been contrary to Article   5   §§   1, 3 and 4?   8.     Taking into consideration the searches carried out by the authorities in the applicants’ homes (in applications nos. 24366/19, 25280/19, 26378/19, 27075/19) was the interference with the applicants’ right to respect for their private life and home in accordance with law and necessary in terms of Article 8 of the Convention? In this regard, was the compensation remedy provided for by Article   141 of the Criminal Code of Procedure considered an effective remedy for the applicants’ complaints? If so, the Government are invited to provide copies of decisions awarding compensation in cases raising similar issues.   APPENDIX   No. Application no. Case title   Date of introduction Complaints 1 63634/16 Sevinç v. Turkey   27/10/2016 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities 2 13853/17 Güney v. Turkey   03/01/2017 Lack of reasonable suspicion/relevant and sufficient reasons Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file No effective remedy to compensation 3 14439/17 Özalp v. Turkey   12/01/2017 Lack of reasonable suspicion/relevant and sufficient reasons Failure to comply with procedural guarantees provided for in domestic law Lack of hearing during the detention review Restriction of access to the investigation file 4 14942/17 Ulak v. Turkey   05/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of information on the reasons for arrest 5 14976/17 Altun v. Turkey   11/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities 6 34032/17 Sarı v. Turkey   10/03/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file Lack of information on the reasons for arrest Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities 7 40177/17 Bekri v. Turkey   16/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities 8 41766/17 Çakır v. Turkey   12/05/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Lack of hearing during the detention review    9 41864/17 Üşümez v. Turkey   28/04/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file    10 43739/17 Acu v. Turkey   04/04/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities           11 43741/17 Aydın v. Turkey   03/05/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file     12 45034/17 Balık v. Turkey   05/05/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Restriction of access to the investigation file Lack of information on the reasons for arrest Lack/Difficulties of legal assistance/other facilities 13 48010/17 Çakmak v. Turkey   23/06/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file 14 49244/17 Uslu v. Turkey   29/03/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Restriction of access to the investigation file    15 49867/17 Moral v. Turkey   28/04/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file 16 58673/17   Okur v. Turkey   20/07/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of information on the reasons for arrest 17 61373/17 Duran v. Turkey   19/04/2017 Lack of reasonable suspicion/relevant and sufficient reasons Failure/Delay in examining requests for enlargement/objection   18 61445/17 Selvi Kıllıbaş v.   Turkey   01/06/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Failure/Delay to communicate decisions relating to detention 19 62627/17 Karaduman v. Turkey   15/06/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file Lack of information on the reasons for arrest Failure to communicate the prosecutor’s opinion 20 62735/17 Dede v. Turkey   24/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of information on the reasons for arrest Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities 21 63197/17 Binici v. Turkey   26/05/2017 Failure to comply with procedural guarantees provided for in domestic law 22 63650/17 Kandemir v. Turkey   15/02/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention 23 63805/17 Karaali v. Turkey   06/06/2017 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention    24 66402/17 Babayiğit v. Turkey   16/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Restriction of access to the investigation file Lack of information on the reasons for arrest Lack of hearing during the detention review 25 67340/17 Ünal v. Turkey   17/08/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of information on the reasons for arrest Failure to communicate the prosecutor’s opinion 26 68205/17 Kayın v. Turkey   13/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities 27 68692/17 Arslan v. Turkey   05/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file Lack of information on the reasons for arrest Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities           28 76280/17 Erkan v. Turkey   29/09/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities 29 76424/17 Yıldırım v. Turkey   26/09/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of information on the reasons for arrest 30 79642/17 Kartal v. Turkey   27/10/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file 31 79845/17 Köseoğlu v. Turkey   24/10/2017 Lack of reasonable suspicion/relevant and sufficient reasons Delay in examination by the Constitutional Court   32 80957/17 Şen v. Turkey   06/11/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Delay in examination by the Constitutional Court Lack of hearing during the detention review 33 83999/17 Cengiz v. Turkey   16/11/2017 Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Lack of information on the reasons for arrest 34 183/18 Demir v. Turkey   06/12/2017 Lack of reasonable suspicion/relevant and sufficient reasons Lack of information on the reasons for arrest     35 6919/18 Çelik v. Turkey   19/01/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Lack of hearing during the detention review 36 10834/18 Sarıyer v. Turkey   06/12/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file Lack of information on the reasons for arrest 37 16155/18 Özkan v. Turkey   14/03/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of information on the reasons for arrest No effective remedy to compensation Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities 38 17915/18 Gözlüpınar v. Turkey   07/04/2018 Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file Lack of information on the reasons for arrest Failure/Delay to communicate decisions relating to detention 39 21859/18 Şahin v. Turkey   17/04/2018 Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion 40 23455/18 Demir v. Turkey   30/04/2018 Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file Failure to comply with procedural guarantees provided for in domestic law     41 24169/18 Göker v. Turkey   08/05/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file 42 25201/18 Günal v. Turkey   26/05/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 43 29932/18 Yıldız v. Turkey   29/05/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file 44 35634/18 Demir v. Turkey   13/07/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Restriction of access to the investigation file Failure to communicate the prosecutor’s opinion Failure/Delay in examining requests for enlargement/objection 45 43696/18 İ.Ö. v. Turkey   11/09/2018 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of reasonable suspicion/relevant and sufficient reasons 46 3933/19 Önay v. Turkey   04/12/2018 Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file Delay in examination by the Constitutional Court Failure/Delay to communicate decisions relating to detention         47 6970/19 Yıldızeli v. Turkey   18/01/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review 48 7250/19 Şahin v. Turkey   21/01/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file 49 9217/19 Gümüş v. Turkey   01/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Failure/Delay to communicate decisions relating to detention 50 9498/19 Fırat v. Turkey   07/02/2019 Lack of reasonable suspicion/relevant and sufficient reasons Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion/relevant and sufficient reasons 51 11767/19 Z.E. v. Turkey   21/02/2019 Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Failure to communicate the prosecutor’s opinion 52 11854/19 Bektaş v. Turkey   04/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file   53 13104/19 Cambolat v. Turkey   13/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 54 13646/19 Yelesdağ v. Turkey   27/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 55 13857/19 Sayılgan v. Turkey   08/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Restriction of access to the investigation file 56 14274/19 Şayık v. Turkey   28/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file 57 15183/19 Çifçi v. Turkey   28/02/2019 Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file    58 15725/19 Sarı v. Turkey   08/03/2019 Restriction of access to the investigation file Lack of reasonable suspicion/relevant and sufficient reasons 59 15783/19 Aydın v. Turkey   27/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file 60 15881/19 Akbaba v. Turkey   07/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file 61 15883/19 Poyrazoğlu v. Turkey   07/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 62 15900/19 Kara v. Turkey   11/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons Delay in examination by the Constitutional Court 63 15995/19 Uzun v. Turkey   03/01/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file 64 16113/19 Özyurt v. Turkey   11/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file 65 16213/19 Dağlı v. Turkey   21/11/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file   66 16418/19 Acar v. Turkey   01/03/2019 Restriction of access to the investigation file Lack of reasonable suspicion/relevant and sufficient reasons 67 16424/19 Yediyıldız v. Turkey   28/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file   68 17209/19 Balkan v. Turkey   05/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons Failure to comply with procedural guarantees provided for in domestic law Restriction of access to the investigation file    69 17330/19 Turan v. Turkey   25/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons   70 17479/19 Üre v. Turkey   26/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons     71 17501/19 Benli v. Turkey   11/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 72 17524/19 Şaşmaz v. Turkey   22/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention 73 17527/19 Altunbey v. Turkey   18/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 74 17548/19 Kesim v. Turkey   13/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 75 17780/19 Kaya v. Turkey   18/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 76 18428/19 Yakar v. Turkey   14/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons 77 18777/19 Doğanay v. Turkey   20/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons 78 18787/19 Canoğlu v. Turkey   19/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file 79 18886/19 Bedirhan v. Turkey   22/03/2019 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion/relevant and sufficient reasons 80 19063/19 Çiftel v. Turkey   19/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention   81 19105/19 Çelebi v. Turkey   21/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file 82 19590/19 Çelik v. Turkey   27/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons 83 19743/19 A.B. v. Turkey   29/03/2019 Failure to comply with procedural guarantees provided for in domestic law Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion/relevant and sufficient reasons 84 19863/19 Ermişoğlu v. Turkey   01/04/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Restriction of access to the investigation file Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention 85 20067/19 Uzun v. Turkey   30/03/2019 Failure to comply with procedural guarantees provided for in domestic law Failure/Delay in examining requests for enlargement/objection Lack of information on the reasons for arrest Lack of reasonable suspicion/relevant and sufficient reasons 86 20084/19 İkibaş v. Turkey   25/03/2019 Lack of reasonable suspicion/relevant and sufficient reasons 87 20276/19 Abay v. Turkey   01/04/2019 Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention       88 20293/19 Acar v. Turkey   29/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of information on the reasons for arrest Lack of reasonable suspicion/relevant and sufficient reasons 89 20713/19 Çınar v. Turkey   02/04/2019 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion/relevant and sufficient reasons 90 20749/19 Dalkılıç v. Turkey   01/04/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Length of pre-trial detention Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion/relevant and sufficient reasons 91 20995/19 Bıçakçıgil v. Turkey   03/04/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Lack of hearing during the detention review Restriction of access to the investigation file 92 21017/19 Kaya v. Turkey   02/04/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons Delay in examination by the Constitutional Court Restriction of access to the investigation file 93 21193/19 Sahin v. Turkey   12/04/2019 Restriction of access to the investigation file Lack of reasonable suspicion/relevant and sufficient reasons 94 21226/19 Öz v. Turkey   26/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion/relevant and sufficient reasons       95 21248/19 Gürpınar v. Turkey   05/04/2019 Failure to comply with procedural guarantees provided for in domestic law 96 21260/19 Kartal v. Turkey   12/04/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of hearing during the detention review Restriction of access to the investigation file Lack of reasonable suspicion/relevant and sufficient reasons 97 21264/19 Bayburtlu v. Turkey   08/04/2019 Failure to comply with procedural guarantees provided for in domestic law Restriction of access to the investigation file Lack of reasonable suspicion/relevant and sufficient reasons 98 21593/19 Karaşlar v. Turkey   10/04/2019 Lack of reasonable suspicion/relevant and sufficient reasons 99 21873/19 Gümüşsoy v. Turkey   05/04/2019 Length of pre-trial detentio