CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 novembre 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .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 } .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. 18809/18 Mehmet Furkan KESLER against Turkey and 258 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; - There was no compensatory remedy available in domestic law for the alleged violation of their rights under Article 5 of the Convention. 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?   5.     Did the applicants have, as required by Article   5   §   5 of the Convention, an effective and enforceable right to obtain compensation for their detention, which they consider   to have   been contrary to Article   5   §§   1, 3 and/or 4?   APPENDIX Liste of applications   No. App. no Case Title Date of introduction Complaints 1 18809/18 Kesler v. Turkey 03/04/2018 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 2 22272/18 Köksal v. Turkey 04/05/2018 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 3 25383/18 Akbayrak v. Turkey 21/05/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 26429/18 Demir v. Turkey 29/05/2018 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 5 26432/18 Çalışkan v. Turkey 24/05/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 6 33468/18 Aktaşoğlu v. Turkey 02/07/2018 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 35183/18 Tiryaki v. Turkey 13/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 38501/18 Karataş v. Turkey 27/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 9 38775/18 Akbulut v. Turkey 27/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 10 38840/18 Altunok v. Turkey 07/08/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 38848/18 Şenel v. Turkey 07/08/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 12 38853/18 Benek v. Turkey 07/08/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 11885/19 Benli v. Turkey 26/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 12989/19 Işık v. Turkey 22/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 16700/19 Fırtına v. Turkey 14/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection 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 16 18495/19 Ablak v. Turkey 22/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 18762/19 Öztürk v. Turkey 27/03/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 20728/19 Kılıç v. Turkey 02/04/2019 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 19 20738/19 Kaya v. Turkey 02/04/2019 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 20 21904/19 Bozdemir v. Turkey 08/04/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 21975/19 Demir v. Turkey 15/04/2019 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 22 22070/19 Kınay v. Turkey 15/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   23 22078/19 Örnek v. Turkey 15/04/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 22103/19 Çetin v. Turkey 15/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 25 22126/19 Kahveci v. Turkey 15/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 22778/19 Mendeş v. Turkey 24/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 24855/19 Kahveci Nihal v.   Turkey Kahveci Aydın v.   Turkey 25/04/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 25525/19 Kızıldere v. Turkey 08/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 25670/19 Halis v. Turkey 08/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 25722/19 Ercan v. Turkey 02/05/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 26315/19 Ağpak v. Turkey 08/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 32 26906/19 Gece v. Turkey 27/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 33 26928/19 Karabudak v.   Turkey 09/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 34 27026/19 Turhan v. Turkey 08/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 27948/19 Taşkıran v. Turkey 13/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 27965/19 Demirdiş v. Turkey 13/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 27968/19 Doğan v. Turkey 14/05/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 29374/19 Öner v. Turkey 10/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 29601/19 Ak v. Turkey 09/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 30276/19 Çiçekçi v. Turkey 16/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 41 30518/19 Özçam v. Turkey 24/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 32902/19 Çırak v. Turkey 23/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 33160/19 Çelik v. Turkey 12/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 44 33181/19 Ermiş v. Turkey 12/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 33197/19 Taşkan v. Turkey 12/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 33221/19 Altun v. Turkey 12/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 33251/19 Duran v. Turkey 11/06/2019 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 48 35087/19 Güldüren v. Turkey 28/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 35370/19 Tetik v. Turkey 10/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 36130/19 Pekcan v. Turkey 11/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 37579/19 Demirel v. Turkey 04/07/2019 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 of reasonable suspicion 52 38036/19 Öner v. Turkey 28/06/2019 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 53 40028/19 Saka v. Turkey 19/07/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 40046/19 Akgül v. Turkey 19/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 40215/19 Yerlikaya v. Turkey 17/07/2019 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 56 41297/19 Uysal v. Turkey 25/07/2019 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 57 42519/19 Güney v. Turkey 06/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 42530/19 Elmacı v. Turkey 01/08/2019 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 42701/19 Kan v. Turkey 02/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 43444/19 Gökdal v. Turkey 09/08/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 43484/19 Canbay v. Turkey 05/08/2019 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 62 44790/19 Kabal v. Turkey 08/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 47671/19 Erol v. Turkey 04/09/2019 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 64 49425/19 Kençi v. Turkey 18/09/2019 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 65 49457/19 Kara v. Turkey 05/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 51539/19 Türkmen v. Turkey 20/09/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 51693/19 Duman v. Turkey 17/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 51759/19 Demiröz v. Turkey 16/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 54379/19 Tosun v. Turkey 03/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 55078/19 Göksu v. Turkey 03/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 56011/19 Karaman v. Turkey 09/10/2019 Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 72 56066/19 Durmuş v. Turkey 09/10/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 56302/19 Polat v. Turkey 03/10/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 56374/19 Kahveci v. Turkey 11/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 56868/19 Gümüş v. Turkey 16/10/2019 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 76 57605/19 Meço v. Turkey 21/10/2019 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 of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 77 57666/19 Karataş v. Turkey 23/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 57931/19 Dursun v. Turkey 15/10/2019 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 79 61354/19 Gedik v. Turkey 13/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 61585/19 Menteş v. Turkey 11/11/2019 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 No effective remedy to compensation Lack of reasonable suspicion 81 61591/19 Öztürk v. Turkey 14/11/2019 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 of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 82 61926/19 Güneş v. Turkey 18/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 63046/19 Atalay v. Turkey 15/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 63376/19 Erdem v. Turkey 27/11/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 266/20 Topal v. Turkey 18/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 1102/20 Yaman v. Turkey 13/12/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 1169/20 Tokgöz v. Turkey 23/12/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 1554/20 Yağcı v. Turkey 13/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 89 2562/20 Ateş v. Turkey 13/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 2653/20 Başar v. Turkey 18/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 2907/20 Gilik v. Turkey 16/12/2019 Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 92 3394/20 Dulkadir v. Turkey 31/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 3550/20 Demir v. Turkey 26/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 3648/20 Altunay v. Turkey 10/01/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 4180/20 Yinanç v. Turkey 30/12/2019 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 96 6150/20 Uçan v. Turkey 15/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 6632/20 Kocaeli v. Turkey 17/01/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 6644/20 Söğütlü v. Turkey 17/01/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 6983/20 Köse v. Turkey 10/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 100 7087/20 Bora v. Turkey 17/01/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 7368/20 Bediz v. Turkey 23/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 7513/20 Çakmak v. Turkey 16/12/2019 Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 103 10484/20 Çalımlı v. Turkey 12/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 104 10695/20 Karacif v. Turkey 10/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 105 10741/20 Yazıcı v. Turkey 10/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 10894/20 Karagöl v. Turkey 07/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 11496/20 Erkan v. Turkey 19/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 108 11533/20 Sarı v. Turkey 14/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 109 12068/20 Öner v. Turkey 20/02/2020 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 110 13105/20 İnce v. Turkey 02/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 13263/20 Yılmaz v. Turkey 27/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 13266/20 Aslan v. Turkey 09/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 113 13794/20 Nuhbaşa v. Turkey 26/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 14807/20 Vehapoğlu v. Turkey 05/03/2020 Delay in examination by the Constitutional Court 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 115 14917/20 Çakır v. Turkey 06/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 15190/20 Kaymak v. Turkey 05/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 117 15462/20 Güçlü v. Turkey 19/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 118 15690/20 Demir v. Turkey 16/03/2020 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 119 15844/20 Türker v. Turkey 13/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 15862/20 Tatar v. Turkey 13/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 16986/20 Çevirgen v. Turkey 30/03/2020 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 122 17076/20 Kutluca v. Turkey 13/04/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 123 17455/20 Elkoca v. Turkey 13/04/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 124 17678/20 Murat v. Turkey 10/04/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 125 18710/20 Uzuntaş v. Turkey 17/04/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 19817/20 Gümüş v. Turkey 27/04/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 127 19895/20 Demir v. Turkey 07/04/2020 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 128 20161/20 Kelebek v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 129 20182/20 Kılınç v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 130 20224/20 Akkurt v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 131 20248/20 Eralp v. Turkey 12/05/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 21070/20 Aslan v. Turkey 12/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 21071/20 Ata v. Turkey 12/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 21072/20 Kazel v. Turkey 12/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 21074/20 Özbilen v. Turkey 12/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 136 21076/20 Korkmaz v. Turkey 12/05/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 137 21203/20 Kazkondu v. Turkey 12/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 21205/20 Sevgi v. Turkey 04/05/2020 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 of reasonable suspicion 139 21207/20 Asan v. Turkey 12/05/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 140 22918/20 Charyyev v. Turkey 21/05/2020 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 Lack of reasonable suspicion 141 22922/20 Özkarslı v. Turkey 21/05/2020 Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 22960/20 Özel v. Turkey 21/05/2020 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 Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 143 23088/20 Gör v. Turkey 21/05/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 144 23127/20 Ergin v. Turkey 21/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 23376/20 Ataş v. Turkey 21/05/2020 Delay in examination by the Constitutional Court 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 146 23604/20 Daniş v. Turkey 14/05/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 23711/20 Kaya v. Turkey 14/05/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 23731/20 Erçelik v. Turkey 03/06/2020 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 149 23954/20 Ateş v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 24388/20 Çetinkaya v. Turkey 29/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 24837/20 Özkarslı v. Turkey 10/06/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 152 25505/20 Türkmen v. Turkey 05/06/2020 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 153 25787/20 Taşkın v. Turkey 19/06/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 25863/20 Berk 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 155 26045/20 Ay v. Turkey 25/06/2020 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 156 26206/20 Tercan v. Turkey 15/06/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 157 26281/20 Harmanda v. Turkey 25/06/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 158 26406/20 Ordu v. Turkey 05/06/2020 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 159 26547/20 Sekban v. Turkey 15/06/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 160 26557/20 Ekşi v. Turkey 11/06/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 28796/20 Demirci v. Turkey 30/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 29020/20 Abaş v. Turkey 30/06/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 29033/20 Cansever v. Turkey 30/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 164 29171/20 Yenilmez v. Turkey 30/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 165 29182/20 Dursun v. Turkey 01/07/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 29194/20 Içel v. Turkey 01/07/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 167 29289/20 Kolu v. Turkey 30/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 168 29405/20 Öztürk v. Turkey 26/06/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 169 29455/20 Tepe v. Turkey 01/07/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 170 29860/20 Gökçe v. Turkey 30/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 171 29983/20 Sayıcı v. Turkey 07/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 172 30171/20 Koç v. Turkey 06/07/2020 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 173 30178/20 Ünsal v. Turkey 06/07/2020 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 174 30404/20 Düzgün v. Turkey 08/07/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 175 30622/20 Aydın v. Turkey 03/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 176 31303/20 Demirhisar v. Turkey 21/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 177 31308/20 Cengiz v. Turkey 21/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 178 31479/20 Keskin v. Turkey 09/07/2020 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 179 33367/20 Aker v. Turkey 22/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 180 33963/20 Aydın v. Turkey 24/07/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 34082/20 Yıldız v. Turkey 05/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 182 34498/20 Adanalı v. Turkey 10/07/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 183 34524/20 Karcı v. Turkey 14/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 34814/20 Günen v. Turkey 14/07/2020 Delay in examination by the Constitutional Court 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 185 35944/20 Sertel v. Turkey 05/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 36213/20 Güleç v. Turkey 11/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 187 36321/20 Laçin v. Turkey 06/08/2020 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 188 36379/20 Karakoç v. Turkey 06/08/2020 Length of pre-trial detention 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 189 36468/20 Altun v. Turkey 30/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 36563/20 Aydemir v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 36948/20 Ağaç v. Turkey 21/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 192 37332/20 Duman v. Turkey 21/08/2020 Length of pre-trial detention 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 193 37695/20 Ödemiş v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 194 37732/20 Demir v. Turkey 18/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 37752/20 Danışmaz v. Turkey 17/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 196 37774/20 Öğe v. Turkey 02/06/2020 Delay in examination by the Constitutional Court 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 197 37777/20 Kaba v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 198 37964/20 Kanberoğlu v. Turkey 24/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 199 38129/20 Şahin v. Turkey 19/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 200 38261/20 Balcı v. Turkey 19/08/2020 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 201 38335/20 Er v. Turkey 19/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 202 38349/20 Selçuk v. Turkey 19/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 203 39191/20 Yıldız v. Turkey 25/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 204 39211/20 Karaarslan v. Turkey 25/08/2020 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 205 39226/20 Kaya v. Turkey 25/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 206 40132/20 Karaca v. Turkey 20/08/2020 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 207 40357/20 Açıkgöz v. Turkey 28/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 208 40985/20 Yurtoğlu v. Turkey 04/09/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 209 41063/20 Geçer v. Turkey 04/09/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 210 41159/20 Kurt v. Turkey 25/08/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 211 41960/20 Konca v. Turkey 28/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 212 42732/20 Ünsal v. Turkey 08/09/2020 Delay in examination by the Constitutional Court 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 213 43536/20 Yekeler v. Turkey 22/09/2020 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 214 44302/20 Şimşek v. Turkey 25/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 215 44595/20 Ünal v. Turkey 09/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 216 44944/20 Sille v. Turkey 03/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 217 45114/20 Çınar v. Turkey 22/09/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 218 45244/20 Yıldız v. Turkey 09/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 219 45821/20 Güzel v. Turkey 30/09/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 220 46007/20 Okyay v. Turkey 06/10/2020 Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection 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 221 46422/20 Altun v. Turkey 08/10/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 222 46425/20 Tazeoğlu v. Turkey 05/10/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 223 46428/20 Arslan v. Turkey 05/10/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 224 46431/20 Gümüş v. Turkey 05/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 225 46686/20 Demir v. Turkey 09/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 226 46884/20 İman v. Turkey 06/10/2020 Lack of relevant and sufficient reasons for detention Lack of heari