CEDH · CASELAW;COMMUNICATEDCASES;ENG — 20 avril 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .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 } .s84651E4E { margin-top:14pt; margin-left:14.2pt; margin-bottom:3pt; text-align:justify } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s7F175FE6 { margin-top:0pt; margin-left:51.05pt; margin-bottom:0pt; text-indent:-17.05pt; text-align:justify } .sE5C1F6E3 { width:3.33pt; font:7pt 'Times New Roman'; display:inline-block } .s76CF415B { page-break-before:always; clear:both } .sE3D66594 { border:0.75pt solid #000000; border-collapse:collapse } .sD9DA4DFD { height:45pt } .s41E9DBF5 { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s24AC208E { border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sF004B676 { border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s5EB4F24 { height:75pt } .sB30C44B0 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sC3AB69A { border-style:solid; border-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2342A031 { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sFA22F38 { height:36pt } .s2BBD305F { height:60pt } .s349D86D0 { height:120pt } .s42928CAE { height:90pt } .s546C9D04 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s40B7A780 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s4F2EDFF { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } Published on 10 May 2021   SECOND SECTION Application no. 29960/18 Selim GÜVEN against Turkey and 95 other applications (see list appended) communicated on 20 April 2021 SUBJECT MATTER OF THE CASE The applications mainly concern the applicants’ arrest and pre-trial detention, on suspicion of membership of FETÖ/PDY (Fetullahist Terrorist Organisation / Parallel State Structure), in the aftermath of the attempted coup d’état which took place on 15 July 2016. 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))? (ii)   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:   (iii)   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; (iv)   they had been unable to challenge their detention in an effective manner because of the restriction imposed on their access to the investigation file; (v)   their objections to their detention had not been examined or had been examined belatedly; (vi)   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; (vii)   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; (viii)   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 1 29960/18 Güven v. Turkey   06/06/2018 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 2 44192/18 Yapalak v. Turkey   11/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 47444/18 Özbayram v. Turkey   24/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 53925/18 Kisin v. Turkey   02/10/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion 5 54441/18 Öztürk v. Turkey   01/11/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion 6 54455/18 Saka v. Turkey   01/11/2018 Lack of reasonable suspicion 7 54826/18 Horuz v. Turkey   19/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 54866/18 Kunt v. Turkey   07/11/2018 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 Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 9 54929/18 Yalçınkaya v. Turkey   01/11/2018 Length of pre-trial detention 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 10 54954/18 Karaduman v. Turkey   15/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 54989/18 Yağız v. Turkey   05/11/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of reasonable suspicion 12 55894/18 Taşğın v. Turkey   05/10/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 56023/18 Alakuş v. Turkey   31/10/2018 Lack of reasonable suspicion 14 56270/18 Şahin v. Turkey   16/11/2018 Restriction of access to the investigation file Lack of reasonable suspicion 15 56482/18 Asiltürk v. Turkey   26/11/2018 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 16 56577/18 Bilgin v. Turkey   22/11/2018 Lack of hearing during the detention review Restriction of access to the investigation file Lack of reasonable suspicion 17 56582/18 Özçelebi v. Turkey   13/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 57173/18 Çolak v. Turkey   29/11/2018 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 19 57182/18 Gören v. Turkey   16/11/2018 Lack of reasonable suspicion 20 57185/18 Karhan v. Turkey   20/11/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 57196/18 Yaşa v. Turkey   12/11/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 22 57207/18 Ekinci v. Turkey   13/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 57214/18 Kaya v. Turkey   21/11/2018 Lack of reasonable suspicion 24 57288/18 Üçkuyu v. Turkey   14/11/2018 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 25 57545/18 Bakır v. Turkey   15/11/2018 Lack of hearing during the detention review Lack of reasonable suspicion 26 57561/18 Demir v. Turkey   02/11/2018 Lack of hearing during the detention review Lack of reasonable suspicion 27 57760/18 Keskin v. Turkey   21/11/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 57907/18 Kara v. Turkey   05/12/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 57929/18 Eroğlu v. Turkey   05/12/2018 Lack of hearing during the detention review 30 58133/18 Bağcı v. Turkey   23/11/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 58217/18 Kara v. Turkey   16/11/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 32 58224/18 Çabuk v. Turkey   23/11/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 33 58232/18 Gedemenli v. Turkey   30/11/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 34 58254/18 Yaşa v. Turkey   21/11/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 58256/18 Kaleli v. Turkey   21/11/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion 36 58393/18 Bekdil v. Turkey   29/11/2018 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 58411/18 Eriktaş v. Turkey   03/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 58496/18 Artan v. Turkey   29/11/2018 Lack of reasonable suspicion 39 58549/18 Güler v. Turkey   19/11/2018 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 Lack of reasonable suspicion 40 58577/18 Aydın v. Turkey   20/02/2019 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 41 58728/18 Boyukata v. Turkey   23/11/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 58796/18 Zengin v. Turkey   21/11/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion     43 58801/18 Karakaş v. Turkey   21/11/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion 44 58802/18 Pınarakar v. Turkey   21/11/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion 45 58911/18 Şahin v. Turkey   28/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 59028/18 Özturk v. Turkey   21/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 59202/18 Öztaş v. Turkey   22/11/2018 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 48 59384/18 Çakar v. Turkey   29/11/2018 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 49 59969/18 Çalışkan v. Turkey   07/12/2018 Lack of reasonable suspicion 50 59974/18 Karagöz v. Turkey   29/11/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion 51 59988/18 Acar v. Turkey   07/12/2018 Lack of reasonable suspicion 52 59992/18 Çınar v. Turkey   21/11/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 21/19 Urgancı v. Turkey   07/12/2018 Lack of reasonable suspicion 54 28/19 Barlas v. Turkey   10/12/2018 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 55 113/19 Çalak v. Turkey   11/12/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 373/19 Çoban v. Turkey   07/12/2018 Lack of reasonable suspicion 57 525/19 Zor v. Turkey   25/12/2018 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 841/19 Karakuş v. Turkey   12/12/2018 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 59 1148/19 Tütüneken v. Turkey   06/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 1200/19 Silahşör v. Turkey   13/12/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 1470/19 Sönmez v. Turkey   13/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 1661/19 Kazan v. Turkey   17/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 1672/19 Yıldız v. Turkey   17/12/2018 Lack of reasonable suspicion 64 1675/19 Kurt v. Turkey   26/12/2018 Delay in examination by the Constitutional Court Lack of reasonable suspicion 65 1684/19 Hallaç v. Turkey   20/12/2018 Length of pre-trial detention Lack of reasonable suspicion 66 1686/19 Şahin v. Turkey   28/11/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 1765/19 Özsoylar v. Turkey   19/12/2018 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 68 1933/19 Yılmaz v. Turkey   03/01/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 2014/19 Gülbey v. Turkey   27/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 2018/19 Eren v. Turkey   17/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 2127/19 İnan v. Turkey   28/11/2018 Lack of reasonable suspicion 72 2196/19 Sağlam v. Turkey   30/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 2204/19 Ataş v. Turkey   29/11/2018 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 74 2220/19 Aktümen v. Turkey   29/11/2018 Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of reasonable suspicion 75 2232/19 Özer v. Turkey   26/11/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 76 2255/19 Aksoy v. Turkey   28/11/2018 Lack of reasonable suspicion 77 2257/19 Koç v. Turkey   06/12/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 78 2262/19 Imamoglu v. Turkey   05/12/2018 Lack of reasonable suspicion 79 2274/19 Arpacı v. Turkey   13/12/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 2366/19 Cildan v. Turkey   03/12/2018 Lack of reasonable suspicion 81 2541/19 Çakar v. Turkey     18/12/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 2615/19 Kuşcu v. Turkey   28/12/2018 Lack of reasonable suspicion 83 2717/19 Yüce v. Turkey   21/12/2018 Lack of reasonable suspicion 84 2735/19 Sezer v. Turkey   11/12/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 2746/19 Zeytin v. Turkey   02/01/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 2762/19 Torunler v. Turkey   20/12/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 2788/19 Dutlar v. Turkey   17/12/2018 Length of pre-trial detention Lack of reasonable suspicion 88 2843/19 Işık v. Turkey   03/01/2019 Length of pre-trial detention Lack of reasonable suspicion 89 2854/19 Çolak v. Turkey   04/01/2019 Lack of reasonable suspicion 90 2857/19 Öbekci v. Turkey   03/01/2019 Lack of reasonable suspicion 91 2863/19 Apaydın v. Turkey   03/01/2019 Length of pre-trial detention Lack of reasonable suspicion 92 3026/19 Kulaksız v. Turkey   21/12/2018 Length of pre-trial detention Restriction of access to the investigation file Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 93 3054/19 Taşkın v. Turkey   05/12/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of reasonable suspicion 94 3136/19 Pekdemir v. Turkey   15/11/2018 Lack of hearing during the detention review 95 4611/19 Keleşoglu v. Turkey   28/09/2018 Length of pre-trial detention Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 96 21352/19 Başyiğit v. Turkey   16/04/2019 Length of pre-trial detention Lack of reasonable suspicion