CEDH · CASELAW;COMMUNICATEDCASES;ENG — 17 mai 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 a 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:   (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 Date of Intro Complaints 1 68983/17 Gökay v. Turkey 14/09/2017   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 76406/17 Günay v. Turkey 06/10/2017   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 3 36939/18 Kunt v. Turkey 26/07/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention 4 37745/18 Balkaş v. Turkey 03/08/2018   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 5 40409/18 Öztürk v. Turkey 06/08/2018   Delay in examination by the Constitutional Court Lack of reasonable suspicion 6 40525/18 Koçyiğit v. Turkey 03/08/2018   Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 7 40601/18 Şahpaz v. Turkey 10/08/2018   Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 41593/18 Gültekin v. Turkey 17/08/2018   Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 9 42866/18 Atılgan v. Turkey 29/08/2018   Lack of reasonable suspicion 10 44202/18 Aydın v. Turkey 08/09/2018   Lack of reasonable suspicion 11 44761/18 Olcabay v. Turkey 11/09/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 12 45291/18 Şafak v. Turkey 13/09/2018   Lack of reasonable suspicion 13 47328/18 Yıldız v. Turkey 26/09/2018   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 14 47781/18 Tekdemir v. Turkey 09/10/2018   Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 15 49903/18 Örsel v. Turkey 03/10/2018   Lack of reasonable suspicion 16 50062/18 Akkaya v. Turkey 12/10/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 50753/18 Yağmurlu v. Turkey 23/10/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 50974/18 Tekten v. Turkey 19/10/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 19 52946/18 Tekkoyun v. Turkey 30/10/2018   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 Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 20 53071/18 Kara v. Turkey 22/10/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 54459/18 Zorlu v. Turkey 05/11/2018   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 Lack of reasonable suspicion 22 58891/18 Görür v. Turkey 28/11/2018   Length of pre-trial detention Lack of reasonable suspicion 23 59144/18 Tosun v. Turkey 28/11/2018   Lack of reasonable suspicion 24 3146/19 Önerbay v. Turkey 14/12/2018   Lack of reasonable suspicion 25 3252/19 Yaprak v. Turkey 25/12/2018   Lack of reasonable suspicion 26 3357/19 Topuz v. Turkey 17/12/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 3430/19 Özgul v. Turkey 02/01/2019   Restriction of access to the investigation file Lack of reasonable suspicion 28 3432/19 Türkmen v. Turkey 28/12/2018   Lack of reasonable suspicion 29 3441/19 Pala v. Turkey 09/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 3452/19 Yücel v. Turkey 08/01/2019   Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 3459/19 Ülkemen v. Turkey 21/12/2018   Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 32 3461/19 Leylek v. Turkey 10/12/2018   Lack of reasonable suspicion 33 3514/19 Lalek v. Turkey 27/12/2018   Lack of relevant and sufficient reasons for detention 34 3568/19 Sancak v. Turkey 17/12/2018   Lack of reasonable suspicion 35 3652/19 Dinlemez v. Turkey 18/12/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 3709/19 Kuş v. Turkey 21/12/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 3770/19 Kayacan v. Turkey 19/12/2018   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 38 3774/19 Turhan v. Turkey 26/12/2018   Lack of reasonable suspicion 39 3984/19 Dakeşoğlu v. Turkey 09/01/2019   Lack of reasonable suspicion 40 4053/19 Seçkin v. Turkey 28/12/2018   Delay in examination by the Constitutional Court Lack of reasonable suspicion 41 4061/19 Metin v. Turkey 28/12/2018   Delay in examination by the Constitutional Court Lack of reasonable suspicion 42 4071/19 Nakaş v. Turkey 28/12/2018   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 43 4074/19 Deniz v. Turkey 28/12/2018   Delay in examination by the Constitutional Court Lack of reasonable suspicion 44 4079/19 İnan v. Turkey 28/12/2018   Delay in examination by the Constitutional Court Lack of reasonable suspicion 45 4105/19 Doğan v. Turkey 30/11/2018   Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 46 4118/19 Ünaldı v. Turkey 27/11/2018   Lack of hearing during the detention review Restriction of access to the investigation file Lack of reasonable suspicion 47 4156/19 Aksoy v. Turkey 04/01/2019   Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 48 4176/19 Bozkurt v. Turkey 11/01/2019   Lack of reasonable suspicion 49 4181/19 Hatip v. Turkey 11/01/2019   Lack of reasonable suspicion 50 4198/19 Hanedar v. Turkey 11/01/2019   Lack of reasonable suspicion 51 4240/19 Yelkesen v. Turkey 07/01/2019   Lack of reasonable suspicion 52 4299/19 Bülbül v. Turkey 21/12/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 4300/19 Dilgin v. Turkey 03/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 4301/19 Akkaya v. Turkey 07/01/2019   Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 4357/19 Çelebi v. Turkey 04/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 4405/19 Koçak v. Turkey 04/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 4558/19 Öztel v. Turkey 31/12/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention 58 4571/19 Kocaer v. Turkey 28/12/2018   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 4585/19 Çulha v. Turkey 28/12/2018   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 Lack of reasonable suspicion 60 4658/19 Bekdemir v. Turkey 31/12/2018   Length of pre-trial detention Delay in examination by the Constitutional Court Lack of reasonable suspicion 61 4918/19 Şimşek v. Turkey 21/12/2018   Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 4991/19 İstek v. Turkey 10/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 63 5135/19 Topuz v. Turkey 21/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 5196/19 Gönülaçar v. Turkey 27/12/2018   Lack of reasonable suspicion 65 5257/19 Bayraktar v. Turkey 14/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention 66 5304/19 Anursal v. Turkey 03/01/2019   Lack of reasonable suspicion 67 5408/19 Aslan v. Turkey 10/01/2019   Lack of reasonable suspicion 68 5413/19 Uyar v. Turkey 03/01/2019   Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 5418/19 Körpe v. Turkey 08/01/2019   Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 5476/19 İnam v. Turkey 30/11/2018   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 71 5494/19 Bulut v. Turkey 04/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 72 5531/19 Hamarat v. Turkey 15/01/2019   Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 5539/19 Çoşkun v. Turkey 07/01/2019   Lack of reasonable suspicion 74 5558/19 Kılıç v. Turkey 25/12/2018   Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 5561/19 Gürşen v. Turkey 31/12/2018   Lack of reasonable suspicion 76 5613/19 Kızıltan v. Turkey 08/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 5713/19 Açıkgöz v. Turkey 17/01/2019   Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention 78 5900/19 Özdemir v. Turkey 17/01/2019   Lack of reasonable suspicion 79 5916/19 Ekemen v. Turkey 26/12/2018   Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 5933/19 Gören v. Turkey 11/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 5938/19 Kart v. Turkey 17/12/2018   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 82 6059/19 Çakır v. Turkey 14/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 6078/19 Keskin v. Turkey 09/01/2019   Lack of reasonable suspicion 84 6189/19 Aygen v. Turkey 17/12/2018   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 85 6193/19 Vurucu v. Turkey 17/12/2018   Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 86 6196/19 Güven v. Turkey 17/12/2018   Delay in examination by the Constitutional Court Lack of reasonable suspicion 87 6201/19 Say v. Turkey 17/12/2018   Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 88 6249/19 Yılmazsoylu v. Turkey 11/01/2019   Length of pre-trial detention Lack of relevant and sufficient reasons for detention 89 6254/19 Yilmaz v. Turkey 10/01/2019   Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 6315/19 Civan v. Turkey 07/01/2019   Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of reasonable suspicion 91 6316/19 Reçber v. Turkey 10/01/2019   Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 6321/19 Özata v. Turkey 26/12/2018   Length of pre-trial detention Lack of reasonable suspicion 93 6329/19 Ayaz v. Turkey 21/12/2018   Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 14991/20 Arslan v. Turkey 09/03/2020   Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion