CEDH · CASELAW;COMMUNICATEDCASES;ENG — 25 mai 2021

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Relying on Article 5 of the Convention, the applicants raise the following complaints (see the appended table for detailed information as to the specific complaints raised by each applicant): - They were detained on remand in breach of the procedural guarantees provided in domestic law for judges and prosecutors; - 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 restricted and monitored by the prison authorities; - The time taken by the Constitutional Court to conduct its examination on their individual applications was excessive; - There was no remedy available to them to obtain compensation for the alleged breach of their rights under Article 5. Relying on Article 8 of the Convention, some of the applicants also complain that the searches conducted by the authorities in their homes and offices were unlawful. QUESTIONS TO THE PARTIES On the basis of the complaints communicated in accordance with the list in the Appendix Complaints under Article 5 of the Convention 1.     (a)     Did the applicants’ pre-trial detention take place “in accordance with the procedure prescribed by law”, in view of the procedural guarantees provided to the judges and prosecutors by the 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), 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 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: (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 restricted and 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 absence of a reasonable suspicion regarding the commission of a criminal offence; (ii) the unlawfulness of the arrest and pre-trial detention; (iii) the lack of an oral hearing during the review of detention; (iv) the non‑notification or belated notification of the detention decision; (v) 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.   5.     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? Complaints under Article 8 of the Convention 6.     Taking into consideration the searches carried out by the authorities in the applicants’ homes and offices (applications nos. 8335/20, 11664/20, 12883/20, 16039/20, 16141/20, 16243/20, 17012/20, 21020/20, 21061/20, 21551/20, 22243/20, 30003/20, 34445/20, 38305/20, 43083/20, 9539/21): (a)     Was there an interference with the applicants’ right to respect for their private life and home and was that interference in accordance with the law and necessary in terms of Article 8 of the Convention? (b)     Was the compensation remedy provided under Article 141 of the Code of Criminal Procedure an effective one in respect of the applicants’ complaints under Article 8 of the Convention? The Government are invited to provide copies of decisions awarding compensation in cases raising similar issues . APPENDIX No. Application no. Case title Date of Intro Complaints 1 6571/17 Aydın v. Turkey 11/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 2 14347/17 Ayvaz v. Turkey 27/01/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention 3 41660/17 Uslu v. Turkey 17/05/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection 4 45007/17 Çağlıyan v. Turkey 03/05/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor’s opinion 5 49743/17 Şahin v. Turkey 27/04/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 6 49752/17 Özgür v. Turkey 06/06/2017 Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities 7 60287/17 Varol v. Turkey 30/06/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention 8 63687/17 Sepetler v. Turkey 09/06/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 9 63880/17 Kalkan v. Turkey 20/05/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of hearing during the detention review Delay in examination by the Constitutional Court 10 66693/17 Özdemir v. Turkey 05/06/2017 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection 11 79841/17 Balkaya v. Turkey 27/10/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection 12 81722/17 Baklacı v. Turkey 19/09/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection Delay in examination by the Constitutional Court 13 83091/17 Karakuş v. Turkey 15/06/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Failure/delay in communicating decisions relating to detention 14 1598/18 Bildiren v. Turkey 08/12/2017 Failure to comply with procedural guarantees provided for in domestic law Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court 15 6833/18 Patarya v. Turkey 24/01/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 16 9907/18 Akdemir v. Turkey 05/02/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention 17 10612/18 Bölükbaş v. Turkey 13/02/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection 18 10638/18 Kara v. Turkey 02/02/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 19 10778/18 Zorlu v. Turkey 09/02/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 20 16030/18 Yıldırım v. Turkey 15/03/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 21 19873/18 Kaplan v. Turkey 11/04/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities 22 21049/18 Kuş v. Turkey 25/04/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file 23 22157/18 Özdemir v. Turkey 04/05/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court 24 23650/18 Çelik v. Turkey 30/04/2018 Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion Delay in examination by the Constitutional Court 25 24161/18 Bulut v. Turkey 10/05/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court 26 24221/18 Şahbaz v. Turkey 30/04/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 27 26332/18 Gazioğlu v. Turkey 14/05/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 28 28078/18 Bozoğlu v. Turkey 09/05/2018 Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities 29 29589/18 Yıldız v. Turkey 11/06/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion No effective remedy for compensation 30 32404/18 Kılıç v. Turkey 19/06/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file 31 43688/18 Yavuz v. Turkey 05/09/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion 32 43956/18 Bozyiğit v. Turkey 05/09/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 33 45059/18 Görenez v. Turkey 18/09/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review 34 47603/18 Demiroz v. Turkey 27/09/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 35 49062/18 Aytaç v. Turkey 28/09/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court 36 54235/18 Zengin v. Turkey 12/10/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor’s opinion Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court 37 54713/18 Bekler v. Turkey 12/10/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor’s opinion Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court 38 59564/18 Akbaba v. Turkey 26/11/2018 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 39 10884/19 Tutal v. Turkey 04/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention No effective remedy for compensation 40 11344/19 Özkan v. Turkey 13/02/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion 41 15742/19 Büyük v. Turkey 05/03/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review 42 22696/19 Serter v. Turkey 22/04/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Delay in examination by the Constitutional Court 43 23692/19 Cengiz v. Turkey 18/04/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities 44 30332/19 Özalp v. Turkey 30/05/2019 Lack of reasonable suspicion Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities 45 42487/19 Turunç v. Turkey 07/08/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Restriction of access to the investigation file 46 45663/19 Zorlu v. Turkey 15/08/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 47 53830/19 Nacak v. Turkey 23/08/2019 Lack of reasonable suspicion 48 54509/19 Subaşı v. Turkey 11/09/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention 49 56857/19 Erkan v. Turkey 29/09/2017 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review 50 61473/19 Benli v. Turkey 11/11/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 51 61485/19 Ata v. Turkey 14/11/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court 52 62714/19 Yılmaz v. Turkey 08/11/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 53 5266/20 Kızılay v. Turkey 21/01/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention 54 5767/20 Gülbaş v. Turkey 26/11/2019 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion Lack/difficulties of legal assistance/other facilities 55 7969/20 Girgin v. Turkey 15/01/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file 56 8335/20 Kondur v. Turkey 04/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention Unlawful search of home and/or office 57 9343/20 Özmen v. Turkey 04/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion Delay in examination by the Constitutional Court 58 10095/20 Denizhan v. Turkey 17/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion Delay in examination by the Constitutional Court 59 10681/20 Cebiş v. Turkey 10/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Delay in examination by the Constitutional Court 60 11500/20 Karaaslan v. Turkey 13/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 61 11663/20 Koyuncu v. Turkey 13/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 62 11664/20 Ayar v. Turkey 18/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Delay in examination by the Constitutional Court Unlawful search of home and/or office 63 11789/20 Kurt v. Turkey 06/12/2019 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Delay in examination by the Constitutional Court 64 11932/20 Kaya v. Turkey 20/02/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 65 12883/20 Kaygın v. Turkey 20/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Unlawful search of home and/or office 66 13576/20 Küçükkaplan v. Turkey 23/01/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 67 13701/20 Kaplan v. Turkey 04/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 68 13779/20 Öz v. Turkey 29/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court 69 13824/20 Akdamar v. Turkey 07/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 70 14846/20 Karagöz v. Turkey 28/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court 71 14874/20 Turgut v. Turkey 04/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review 72 14972/20 Erol v. Turkey 17/01/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file 73 15133/20 Bakırcı v. Turkey 06/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file No effective remedy for compensation 74 15740/20 Şua v. Turkey 16/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities 75 16039/20 Çete v. Turkey 27/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion Unlawful search of home and/or office 76 16141/20 Sivri v. Turkey 31/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file No effective remedy for compensation Unlawful search of home and/or office 77 16243/20 Barut v. Turkey 27/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Delay in examination by the Constitutional Court Unlawful search of home and/or office 78 16784/20 Tankişi v. Turkey 26/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion 79 17012/20 Söyler v. Turkey 01/04/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court Unlawful search of home and/or office 80 17126/20 Bozkurt v. Turkey 24/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion 81 19088/20 Önkal v. Turkey 22/04/2020 Lack of reasonable suspicion 82 19143/20 Uslu v. Turkey 07/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities No effective remedy for compensation 83 19301/20 Yaldir v. Turkey 04/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Delay in examination by the Constitutional Court 84 19656/20 Gülleci Demir v.   Turkey 16/04/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 85 20126/20 Gündoğdu v. Turkey 15/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 86 20135/20 İhtiyar v. Turkey 15/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 87 20587/20 Kuzgun v. Turkey 16/01/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 88 20844/20 Akçakoca v. Turkey 04/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention 89 21020/20 Kol v. Turkey 28/04/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Delay in examination by the Constitutional Court Unlawful search of home and/or office 90 21061/20 Ceran v. Turkey 05/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion Delay in examination by the Constitutional Court Unlawful search of home and/or office 91 21062/20 Akgün v. Turkey 20/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court 92 21088/20 Borucu v. Turkey 05/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review No effective remedy for compensation 93 21123/20 Girdi v. Turkey 06/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion 94 21367/20 Köylü v. Turkey 22/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion 95 21551/20 Güngör v. Turkey 23/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection Unlawful search of home and/or office 96 21749/20 Demir v. Turkey 27/04/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities 97 22243/20 Çelik v. Turkey 03/03/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Unlawful search of home and/or office 98 22923/20 Özdemir v. Turkey 08/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Failure/delay in communicating decisions relating to detention 99 22952/20 Mendilcioğlu v.   Turkey 28/01/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court 100 22956/20 Çalışkan v. Turkey 08/06/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor’s opinion 101 23007/20 Sönmez v. Turkey 07/04/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 102 23436/20 Aslan v. Turkey 22/05/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure to communicate the prosecutor’s opinion 103 24030/20 Citak v. Turkey 12/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Delay in examination by the Constitutional Court 104 25514/20 Dündar v. Turkey 20/04/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court 105 26039/20 Kuşku v. Turkey 25/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court 106 26042/20 Sefer v. Turkey 25/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court 107 26146/20 Bilge v. Turkey 12/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities 108 26337/20 Aslan v. Turkey 05/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file 109 27067/20 Kızılay v. Turkey 15/02/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 110 28787/20 Durmuş v. Turkey 26/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file 111 29062/20 Gökçe v. Turkey 02/07/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities 112 29753/20 Bülbül v. Turkey 25/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Delay in examination by the Constitutional Court 113 29994/20 Bütün v. Turkey 26/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Delay in examination by the Constitutional Court 114 30003/20 Bakay v. Turkey 02/07/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention Unlawful search of home and/or office 115 30010/20 Polat v. Turkey 06/07/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file 116 30061/20 Yıldırım v. Turkey 22/06/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file 117 30329/20 Uçar v. Turkey 06/07/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities 118 32774/20 Özel v. Turkey 20/07/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion 119 33365/20 Altınok v. Turkey 29/07/2020 Lack of reasonable suspicion Restriction of access to the investigation file Lack/difficulties of legal assistance/other facilities 120 34445/20 Baş v. Turkey 14/07/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor’s opinion: Unlawful search of home and/or office 121 34682/20 Kebeşoglu v.   Turkey 04/06/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Delay in examination by the Constitutional Court 122 34959/20 Özkarslı v. Turkey 07/08/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack/difficulties of legal assistance/other facilities 123 35603/20 Kuru v. Turkey 27/07/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities 124 36651/20 Bülbül v. Turkey 10/08/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 125 36837/20 Menengiç v. Turkey 07/08/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/difficulties of legal assistance/other facilities 126 36884/20 Çengeloğlu v.   Turkey 21/08/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention 127 37234/20 Sevdim v. Turkey 11/08/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure to communicate the prosecutor’s opinion 128 37894/20 Yılmaz v. Turkey 18/08/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file 129 38272/20 Aygün v. Turkey 20/08/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion 130 38305/20 Arslantürk v.   Turkey 13/08/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion Delay in examination by the Constitutional Court Unlawful search of home and/or office 131 41241/20 Aslan v. Turkey 01/07/2020 Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Delay in examination by the Constitutional Court 132 41402/20 Pehlivan v. Turkey 27/08/2020 Failure to comply with procedural guarantees provided for in domestic law 133 42759/20 Özenir v. Turkey 14/09/2020 Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor’s opinion Lack/difficulties of legal assistance/other facilities 134 43083/20 Kılınç v. Turkey 15/09/2020 Failu