CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 novembre 2021
- ECLI
- ECLI:CEDH:001-214409
- Date
- 23 novembre 2021
- Publication
- 23 novembre 2021
droits fondamentauxCEDH
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.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 } .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 } .s76CF415B { page-break-before:always; clear:both } .sE3D66594 { border:0.75pt solid #000000; border-collapse:collapse } .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 } .s23CD0580 { 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:middle } .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 } .sC6885D7A { height:26.45pt } .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 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Published on 13 December 2021   SECOND SECTION Application no. 15638/20 Tamer KARA against Turkey and 218 other applications (see list appended) communicated on 23 November 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)? (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 (to the extent that they concern remedies already sought at the time of the lodging of the complaints, as relevant): (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? APPENDIX   List of applications   No. App. no Case Title Date of introduction Complaints 1 15638/20 Kara v. Turkey 17/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 15659/20 Sert v. Turkey 12/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 15683/20 Atlanel v. Turkey 17/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 15832/20 Soylu v. Turkey 13/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 16027/20 Ateş v. Turkey 20/03/2020 Failure/Delay in examining requests for enlargement/objection 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 6 16033/20 Demirci v. Turkey 18/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 7 16045/20 Ateş v. Turkey 18/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 16046/20 Cebesoy v. Turkey 20/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 9 16061/20 Karakuş v. Turkey 16/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 10 16078/20 Köse v. Turkey 19/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 16084/20 Sefer v. Turkey 09/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 12 16106/20 Gürkan v. Turkey 19/03/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 16110/20 Kiremit v. Turkey 20/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 16180/20 Yuvarlak v. Turkey 19/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 16384/20 Topdemir v. Turkey 17/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 16385/20 Göktepe v. Turkey 27/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 16392/20 Uyanık v. Turkey 26/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 16424/20 Ayyıldız v. Turkey 25/03/2020 Length of pre-trial detention 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 19 16442/20 Tekin v. Turkey 20/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 20 16447/20 Doğan v. Turkey 19/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 16487/20 Alemdar v. Turkey 27/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 16566/20 Telo v. Turkey 13/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 16573/20 Keskin v. Turkey 13/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 16582/20 Türe v. Turkey 26/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 25 16781/20 Kiremit v. Turkey 26/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 16843/20 Kenru v. Turkey 26/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 16844/20 Alpay v. Turkey 26/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 16852/20 Özcan v. Turkey 16/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 16862/20 Aslan v. Turkey 23/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 16904/20 Balık v. Turkey 09/04/2020 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 31 16912/20 Sevinç v. Turkey 27/03/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 32 16916/20 Aymaz v. Turkey 03/04/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention 33 16927/20 Akbay v. Turkey 31/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 34 16946/20 Karadayi v. Turkey 02/04/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 16947/20 Buldu v. Turkey 19/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 17015/20 Ak v. Turkey 14/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 17074/20 Gerboğa v. Turkey 13/04/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 17100/20 Bebek v. Turkey 27/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 17104/20 Durak v. Turkey 03/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 17366/20 Hocaoğlu v. Turkey 27/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 41 17398/20 Aygün v. Turkey 09/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 17441/20 Akyol v. Turkey 03/04/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 17478/20 Bozdağ v. Turkey 03/04/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 44 17570/20 Önder v. Turkey 03/04/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 17668/20 Bostancı v. Turkey 08/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 17693/20 Horozcu v. Turkey 03/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 17919/20 Demir v. Turkey 13/04/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 17968/20 Keskin v. Turkey 17/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 18713/20 Çelik v. Turkey 21/04/2020 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 50 18743/20 Yükler v. Turkey 21/04/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 18782/20 Akgül v. Turkey 21/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 19023/20 Uğur v. Turkey 22/04/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 19024/20 Sağlık v. Turkey 22/04/2020 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 54 19145/20 Orhan v. Turkey 07/05/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 19180/20 Adem v. Turkey 06/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 20046/20 Gülenç v. Turkey 19/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 20426/20 Altun v. Turkey 30/04/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 20686/20 Aslan v. Turkey 14/05/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 20843/20 İlter v. Turkey 30/04/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 20850/20 Gözütok v. Turkey 12/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 20990/20 Tezcan v. Turkey 28/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 21186/20 Türer v. Turkey 29/04/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 21194/20 Lafcı v. Turkey 06/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 21238/20 Sağlam v. Turkey 05/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 21239/20 Yeşil v. Turkey 28/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 21248/20 Alada v. Turkey 29/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 21269/20 Topçu v. Turkey 05/05/2020 Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 68 21320/20 Tekin v. Turkey 08/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 21419/20 Öztürk v. Turkey 05/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 21462/20 Koçoğlu v. Turkey 29/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 21557/20 Darama v. Turkey 05/03/2020 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 of reasonable suspicion 72 21730/20 Aktunç v. Turkey 27/04/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 21770/20 Adiyeke v. Turkey 11/05/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 22575/20 Maraşlıoğlu v. Turkey 08/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 22695/20 Arik v. Turkey 26/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 76 22976/20 Ateş v. Turkey 21/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 23005/20 Ormantepe v. Turkey 22/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 23035/20 Taşcı v. Turkey 08/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 79 23037/20 Eren v. Turkey 22/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 23055/20 Şaşmaz v. Turkey 22/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 23075/20 Demir v. Turkey 22/05/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 23153/20 Özkan v. Turkey 08/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 23317/20 Meydan v. Turkey 13/05/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 23344/20 Aksoy v. Turkey 08/06/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 23361/20 Ayva v. Turkey 27/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 23687/20 Baysal v. Turkey 13/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 23691/20 Yumurtacı v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 23785/20 Şeker v. Turkey 20/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 89 23894/20 Dal v. Turkey 27/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 23970/20 Demir v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 23987/20 Duman v. Turkey 29/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 24024/20 Ataş v. Turkey 29/05/2020 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 93 24050/20 Gökalp v. Turkey 03/06/2020 Length of pre-trial detention 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 94 24067/20 Bedirhanbeyoğlu v. Turkey 01/06/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 24103/20 Çiçek v. Turkey 29/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 24275/20 Adıgüzel v. Turkey 01/06/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 24405/20 Yorulmaz v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 24635/20 Aslan v. Turkey 10/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 24639/20 Baydovan v. Turkey 10/06/2020 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 100 24659/20 Arslan v. Turkey 21/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 24843/20 Atlar v. Turkey 10/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 25197/20 Artantaş v. Turkey 05/06/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 103 25198/20 Eçik v. Turkey 04/06/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 104 25219/20 Ulaş v. Turkey 05/06/2020 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 of reasonable suspicion 105 25520/20 Tercan v. Turkey 05/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 25539/20 Toprak v. Turkey 05/06/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 107 25546/20 Akbaba v. Turkey 24/06/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 108 25638/20 Erol v. Turkey 17/06/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 109 25785/20 Kılıç v. Turkey 19/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 26804/20 Karabacak v. Turkey 09/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 26836/20 Güngör v. Turkey 11/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 26901/20 Kardaş v. Turkey 11/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 113 26913/20 Berk v. Turkey 17/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 26942/20 Evcimik v. Turkey 08/06/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 115 26961/20 Tunç v. Turkey 05/06/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 27091/20 Gültekin v. Turkey 24/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 117 27142/20 Batmaz v. Turkey 18/06/2020 Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 118 27268/20 Kaya v. Turkey 19/06/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 119 27271/20 Yavuz v. Turkey 12/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 27404/20 Özcan v. Turkey 05/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 27911/20 Sözen v. Turkey 01/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 122 28026/20 Yalçın v. Turkey 19/06/2020 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 123 28118/20 Yılmaz v. Turkey 24/06/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 124 28357/20 Şenocak v. Turkey 10/06/2020 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 125 28472/20 Kaya v. Turkey 25/06/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 28890/20 Çevik v. Turkey 01/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 127 28936/20 Kavçakar v. Turkey 10/06/2020 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 128 29004/20 Gündüz v. Turkey 16/06/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 129 29075/20 Uğur v. Turkey 23/06/2020 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 130 29622/20 Karakaş v. Turkey 03/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 131 29755/20 Kara v. Turkey 13/07/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 29933/20 Akyüz v. Turkey 17/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 29970/20 Kenben v. Turkey 25/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 30009/20 Özen v. Turkey 08/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 30048/20 Kılıçdoğan v. Turkey 22/06/2020 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 136 30118/20 Polat v. Turkey 23/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 137 30405/20 Seyis v. Turkey 16/07/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 30439/20 Şahin v. Turkey 17/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 139 30681/20 Ançaza v. Turkey 08/07/2020 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 140 31092/20 Çalışkan v. Turkey 03/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 31315/20 Polat v. Turkey 06/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 31502/20 Çakmak v. Turkey 09/07/2020 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 143 31504/20 Bulcun v. Turkey 14/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 144 31507/20 Şahin v. Turkey 09/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 31603/20 Güngör v. Turkey 10/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 146 32063/20 Kazan v. Turkey 27/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 32766/20 Durmuş v. Turkey 21/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 32952/20 Artantaş v. Turkey 24/07/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 149 33022/20 Genç v. Turkey 21/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 33282/20 Kavak v. Turkey 23/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 33405/20 İncebacak v. Turkey 21/07/2020 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 152 33412/20 Güler v. Turkey 21/07/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 153 33596/20 Coşkun v. Turkey 24/07/2020 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 Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 154 33601/20 Esgiyer v. Turkey 17/06/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 33767/20 Altuntaş v. Turkey 22/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 156 33856/20 Abbas v. Turkey 29/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 157 34393/20 Çetin v. Turkey 14/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 158 34415/20 Bulut v. Turkey 14/07/2020 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 159 34693/20 Zengin v. Turkey 16/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 160 34765/20 Doğanay v. Turkey 17/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 34782/20 Altun v. Turkey 20/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 34783/20 Bedir v. Turkey 17/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 34904/20 Çelik v. Turkey 07/07/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Lack of reasonable suspicion 164 34967/20 Güneş v. Turkey 05/08/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 165 35561/20 Ertuğrul v. Turkey 28/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 35674/20 Çakmak v. Turkey 29/07/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 167 35719/20 Karaçalıoğlu v. Turkey 08/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 168 35753/20 Işık v. Turkey 04/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 169 35889/20 Öngün v. Turkey 08/07/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 170 36161/20 Pınar v. Turkey 29/07/2020 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 171 36180/20 Arslan v. Turkey 06/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 172 36186/20 Yağız v. Turkey 29/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 173 36191/20 Yılmaz v. Turkey 07/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 174 36371/20 Karakoç v. Turkey 06/08/2020 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 Lack of reasonable suspicion 175 36376/20 Sönmez v. Turkey 08/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 176 36463/20 Demir v. Turkey 30/07/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 177 36689/20 Taslak v. Turkey 09/07/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 178 36695/20 Demirdaş v. Turkey 05/08/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 179 36753/20 Barut v. Turkey 10/08/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 180 36760/20 Taşkın v. Turkey 06/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 36830/20 Oğuz v. Turkey 18/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 182 37181/20 Işıklı v. Turkey 29/07/2020 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 183 37312/20 Öztaş v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 37333/20 Türker v. Turkey 13/08/2020 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 of reasonable suspicion 185 37360/20 Cömert v. Turkey 29/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 37442/20 Durak v. Turkey 28/07/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 187 37881/20 Çayırlı v. Turkey 10/08/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 188 37921/20 Yayan v. Turkey 11/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 38262/20 Kaya v. Turkey 11/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 38352/20 Akkuş v. Turkey 17/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 38459/20 Yıldız v. Turkey 12/08/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 192 39043/20 Büyüköz v. Turkey 18/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 193 39961/20 Bal v. Turkey 25/08/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 194 40176/20 Öksüz v. Turkey 25/08/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 40219/20 Yılmaz v. Turkey 31/08/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 196 40508/20 Serbest v. Turkey 28/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 197 40610/20 Çelik v. Turkey 21/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 198 41134/20 Balcı v. Turkey 28/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 199 41396/20 Ertürk v. Turkey 02/09/2020 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 200 41545/20 Taşboğaz v. Turkey 01/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 201 41551/20 Acar v. Turkey 28/08/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 202 41692/20 Önalan v. Turkey 15/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 203 41885/20 Yılmaz v. Turkey 19/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 204 41928/20 Topuz v. Turkey 01/09/2020 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 205 42102/20 Aksoy v. Turkey 01/09/2020 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 Lack of reasonable suspicion 206 42198/20 Solak v. Turkey 03/09/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 207 42199/20 Kaya v. Turkey 03/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 208 42333/20 Öztürk v. Turkey 04/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 209 42398/20 Şahan v. Turkey 03/09/2020 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 210 42410/20 Cihan v. Turkey 04/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 211 43040/20 Taymaz v. Turkey 15/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 212 43092/20 Yıldırım v. Turkey 08/09/2020 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 213 43099/20 Kurşun v. Turkey 10/09/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 214 43200/20 Acar v. Turkey 17/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 215 43205/20 Tuşan v. Turkey 18/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 216 43230/20 Aydın v. Turkey 15/09/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 217 43239/20 Şimşek v. Turkey 11/09/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 218 43326/20 Telli v. Turkey 16/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 219 43470/20 Macar v. Turkey 17/09/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 23 novembre 2021
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-214409
Données disponibles
- Texte intégral
- Résumé officiel