CEDH · CASELAW;COMMUNICATEDCASES;ENG — 15 avril 2021

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The applicants complain of a violation of Article   5 of the Convention on the basis of the following allegations (see the appended table for detailed information as to the specific complaints raised by each applicant): - They were detained in the absence of any suspicion that they committed an offence; - There were no relevant and sufficient reasons to justify their initial and/or continued pre-trial detention; - The length of their pre-trial detention was excessive; - The reviews of detention took place without a hearing and they were not notified of the opinion of the public prosecutor on those reviews; - Their access to the investigation files was restricted; - The objections to their detention or their requests for release were not examined or examined belatedly; - The decisions extending their pre-trial detention were not notified to them, or were notified with a delay, which prevented them from appealing against those decisions; - They did not benefit from effective legal assistance and facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers was monitored by the prison authorities; - The time taken by the Constitutional Court to conduct its examination on their individual applications was excessive. QUESTIONS TO THE PARTIES On the basis of the complaints communicated in accordance with the list in the Appendix   1.     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), taking into account, in particular, 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? Moreover, has the Constitutional Court based the existence of reasonable suspicion on evidence discovered after the decisions had been taken to detain the applicants?   2.     (a) Did the applicants exhaust the remedies available in domestic law in relation to their complaints under Article 5 § 3 of the Convention? To the extent that the applicants’ complaints did not relate solely to the length of their pre-trial detention but also concerned the alleged failure of the domestic courts to provide relevant and   sufficient   reasons to justify their initial and continued pre-trial detention, can a compensation claim under Article   141 §   1(d) of the Code of Criminal Procedure be regarded as an effective remedy in respect of those complaints (see Selahattin Demirtaş v.   Turkey (no.   2) [GC], no. 14305/17, § 213, 22 December 2020)? The Government are invited to provide sample decisions to demonstrate whether the remedy under Article 141 § 1(d) of the Code of Criminal Procedure has been interpreted and applied by the national courts in manner that extends to complaints concerning the lack of relevant and sufficient reasons to justify pre-trial detention.   (b)     Was the applicants’ pre-trial detention compatible with the requirements of Article   5   §   3 of the Convention? In particular: (i)     Did the judges, who ordered the applicants’ initial pre-trial detention and the prolongation of their detention, and who examined the objections lodged against those decisions, fulfil their obligation to provide relevant and sufficient grounds for the deprivation of liberty in question (see, in particular, Buzadji v. the Republic of Moldova [GC], no.   23755/07, §   102, ECHR 2016 (extracts))? (i)     Was the length of the applicants’ pre-trial detention in breach of the “reasonable time” requirement under Article 5 § 3 of the Convention?   3.     Did the applicants have at their disposal an effective 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:   (i)     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; (ii)     they had been unable to challenge their detention in an effective manner because of the restriction imposed on their access to the investigation file; (iii)     their objections to their detention had not been examined or had been examined belatedly; (iv)     the decisions to extend their detention had not been notified to them or had been notified with a delay, which had prevented them from lodging objections against those decisions; (v)     they had had no effective legal assistance or facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers had been monitored; (vi)     the time taken by the Constitutional Court to examine their individual applications had been protracted.   4.     Did the compensation remedy provided under Article   141 of the Code of Criminal Procedure constitute an effective remedy, within the meaning of Article   5   §   4 of the Convention, in respect of complaints concerning (i) the lack of an oral hearing during the review of detention; (ii)   the non ‑ notification or belated notification of the detention decision; and (iii)   the lack of or delay in the examination of the objection against detention by the magistrates’ courts? The Government are invited to provide sample domestic court decisions in support of their reply.     APPENDIX   No. Application No. Case Title ID No. Date of Intro Complaints for each application 1 59568/17 Karaloğlu v. Turkey   10/05/2017 Length of pre-trial detention 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 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 2 63612/17 Aynı v. Turkey   06/06/2017 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 69774/17 Taze v. Turkey   29/08/2017 Lack of reasonable suspicion 4 69851/17 Laçiner v. Turkey   18/08/2017 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 5 69884/17 Mecit v. Turkey   04/09/2017 Lack of reasonable suspicion 6 76301/17 Yazıcı v. Turkey   13/10/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 7 6701/18 Odabaşı v. Turkey   04/01/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 8 10640/18 Demir v. Turkey   14/02/2018 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 relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 9 12490/18 Mila v. Turkey   02/03/2018 Restriction of access to the investigation file Lack of reasonable suspicion 10 13397/18 Abanoz v. Turkey   27/02/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 26360/18 Karakaya v. Turkey   08/05/2018 Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 12 26880/18 Okuşluk v. Turkey   30/05/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 27004/18 Boran v. Turkey   18/05/2018 Lack of hearing during the detention review Lack of reasonable suspicion 14 27016/18 Ayan v. Turkey   30/05/2018 Length of pre-trial detention Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 15 27075/18 Dursun v. Turkey   18/05/2018 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 16 27086/18 Duran v. Turkey   18/05/2018 Lack of reasonable suspicion 17 27766/18 Aydın v. Turkey   31/05/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 29602/18 Öz v. Turkey   11/06/2018 Lack of reasonable suspicion 19 29766/18 Akdoğan v. Turkey   05/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 20 30140/18 Bereket v. Turkey   13/06/2018 Length of pre-trial detention Lack of reasonable suspicion 21 32403/18 Şen v. Turkey   20/06/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 33368/18 Dinç v. Turkey   03/07/2018 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 relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 23 39113/18 Öztürk v. Turkey   28/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 24 39152/18 Güç v. Turkey   31/07/2018 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 25 39536/18 Kaya v. Turkey   02/08/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 39678/18 Duysak v. Turkey   03/08/2018 Lack of relevant and sufficient reasons for Lack of reasonable suspicion 27 39835/18 Tekin v. Turkey   06/08/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 40472/18 Abalı v. Turkey   10/08/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 44651/18 Atılgan v. Turkey   06/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 44657/18 Tokyay v. Turkey   10/09/2018 Length of pre-trial Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 44762/18 Yarbı v. Turkey   17/09/2018 Restriction of access to the investigation file Lack of reasonable suspicion 32 44766/18 Yalçın v. Turkey   14/09/2018 Restriction of access to the investigation file Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 33 44807/18 Demir v. Turkey   14/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 34 44960/18 Keleş v. Turkey   11/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 45087/18 Taşkın v. Turkey   17/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 36 45297/18 Ergin v. Turkey   21/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 45325/18 Sert v. Turkey   17/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 45330/18 Hazman v. Turkey   14/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 45334/18 Kaçar v. Turkey   11/09/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion 40 45472/18 Aydoğan v. Turkey   07/09/2018 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 41 45473/18 Akmirza v. Turkey   07/09/2018 Delay in examination by the Constitutional Court Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 42 45482/18 Gündüz v. Turkey   07/09/2018 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 43 46225/18 Aydın v. Turkey   20/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention 44 47400/18 Armağan v. Turkey   28/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 47561/18 İçer v. Turkey   06/07/2018 Lack of reasonable suspicion 46 47703/18 Kaplan v. Turkey   25/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 48051/18 Yıldız v. Turkey   25/09/2018 Length of pre-trial detention 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   48 48106/18 Çelik v. Turkey   05/10/2018 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 48203/18 Çimen v. Turkey   02/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 48351/18 Kırdağ v. Turkey   09/10/2018 Delay in examination by the Constitutional Court Restriction of access to the investigation file Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 51 48726/18 Tuğberk v. Turkey   05/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 52 48731/18 Kervancıoğlu v. Turkey   08/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 48911/18 Kobalay v. Turkey   28/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 48917/18 Ürnez v. Turkey   06/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 49223/18 Dokur v. Turkey   15/10/2018 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention 56 49298/18 Kocaer v. Turkey   08/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 49301/18 Talu v. Turkey   09/10/2018 Lack of reasonable suspicion 58 49309/18 Kubur v. Turkey   10/10/2018 Length of pre-trial detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 59 49399/18 Kansız v. Turkey   08/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 49405/18 Öztürk v. Turkey   12/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 49836/18 Yaşa v. Turkey   15/10/2018 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention 62 49840/18 Ateş v. Turkey   12/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 49848/18 Şanlı v. Turkey   11/10/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 64 49849/18 Kandemir v.   Turkey   10/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 50055/18 Yılmaz v. Turkey   06/10/2018 Lack of reasonable suspicion 66 50258/18 İlhan v. Turkey   26/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 50346/18 Sağlam v. Turkey   08/10/2018 Lack of reasonable suspicion 68 50391/18 Genç v. Turkey   03/05/2018 Length of pre-trial detention Lack of reasonable suspicion 69 50627/18 Sayın v. Turkey   22/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 50798/18 Demir v. Turkey   11/10/2018 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 71 50799/18 Kara v. Turkey   11/10/2018 Delay in examination by the Constitutional Court Restriction of access to the investigation file Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 72 50802/18 Ertekin v. Turkey   11/10/2018 Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of reasonable suspicion 73 50884/18 Şahin Balcık v.   Turkey   19/10/2018 Lack of reasonable suspicion 74 51101/18 Yanmaz v. Turkey   25/10/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 51313/18 Olgaç v. Turkey   19/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 76 51577/18 Özdemir v. Turkey   15/10/2018 Lack of reasonable suspicion 77 51602/18 Ahmedali v. Turkey   18/10/2018 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 51690/18 Geleken v. Turkey   26/10/2018 Restriction of access to the investigation file Lack of reasonable suspicion 79 52009/18 Akdoğan v. Turkey   25/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 52386/18 Kafes v. Turkey   25/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 52456/18 Acar v. Turkey   02/11/2018 Length of pre-trial detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 82 52502/18 Fidan v. Turkey   26/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention 83 52523/18 Günal v. Turkey   24/10/2018 Length of pre-trial detention Lack of reasonable suspicion 84 52539/18 Arlı v. Turkey   22/10/2018 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 of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 85 52623/18 Bayram v. Turkey   26/10/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of reasonable suspicion 86 52966/18 Çabuk v. Turkey   07/11/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 53443/18 Çelik v. Turkey   30/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention 88 53542/18 Baloğlu v. Turkey   24/10/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion       89 53546/18 Suyabatmaz v.   Turkey   08/11/2018 Lack of reasonable suspicion 90 53608/18 Kaya v. Turkey   08/11/2018 Lack of reasonable suspicion 91 53772/18 Tetik v. Turkey   31/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion