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 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } Published on 13 December 2021   SECOND SECTION Application no. 19653/17 Sadullah YAĞCI against Turkey and 245 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 List of applications   No. App. no Case Title Date of introduction Complaints 1 19653/17 Yağcı v. Turkey 13/01/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 41527/17 Taş v. Turkey 18/04/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 49484/17 Kaplan v. Turkey 13/04/2017 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 4 54648/17 Akın v. Turkey 01/05/2017 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 54657/17 Büyükberber v.   Turkey 24/04/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 6 58608/17 Öge v. Turkey 24/07/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 7 61090/17 Karataş v. Turkey 05/08/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 8 61722/17 Şeker v. Turkey 11/05/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   9 61932/17 Çiftçi v. Turkey 01/06/2017 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 10 69796/17 Taşdemir v. Turkey 09/08/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 70617/17 Bozkurt v. Turkey 05/09/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 12 70796/17 Turhan v. Turkey 24/08/2017 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 13 74831/17 İleri v. Turkey 09/10/2017 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 14 84563/17 Kaya v. Turkey 27/11/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 6946/18 Özkan v. Turkey 12/01/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 10288/18 Ertem v. Turkey 31/01/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 17 16767/18 Aktı v. Turkey 23/03/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 16810/18 Açlan v. Turkey 30/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 19 17566/18 Karakaya v. Turkey 15/03/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 20 17687/18 Evgin v. Turkey 06/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 21 18046/18 Harmanci v. Turkey 13/04/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 18201/18 Kutlu v. Turkey 15/03/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 18261/18 Temel v. Turkey 09/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion   24 18692/18 Sekizkardeş v.   Turkey 03/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 25 20355/18 Doğdu v. Turkey 17/04/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 20556/18 Kocamış v. Turkey 20/04/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 27 21909/18 Karayeğen v. Turkey 02/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 28 22182/18 Dolmaz v. Turkey 02/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 22241/18 Yılmaz v. Turkey 08/05/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 22257/18 Göçmen v. Turkey 10/05/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 31 23568/18 Akkuzey v. Turkey 25/04/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   32 25745/18 Elieyioğlu v. Turkey 14/02/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 33 26301/18 Özkan v. Turkey 28/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 34 26359/18 Barak v. Turkey 24/05/2018 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 35 26372/18 Aksoy v. Turkey 28/05/2018 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 36 26402/18 Karlı v. Turkey 26/05/2018 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 37 27732/18 Uçkan v. Turkey 28/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review 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   38 28074/18 Kıllı v. Turkey 10/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 39 29785/18 Güzel v. Turkey 08/06/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 40 32617/18 Özdemir v. Turkey 25/06/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 41 33815/18 Kasımoglu v. Turkey 10/05/2018 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 42 33836/18 Demir v. Turkey 16/03/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 43 35446/18 Taşdemir v. Turkey 03/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 44 35621/18 Aydın v. Turkey 12/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   45 35671/18 Gürler v. Turkey 09/07/2018 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 46 35707/18 Tokar v. Turkey 11/07/2018 Lack of hearing during the detention review 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 47 36169/18 Can v. Turkey 24/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 48 36484/18 Kavurmacı v. Turkey 27/07/2018 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 Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 49 37791/18 Yıldırım v. Turkey 24/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 50 39466/18 Çilkız v. Turkey 10/08/2018 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 51 39888/18 Kuru v. Turkey 10/08/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 52 42120/18 Tüysüz v. Turkey 03/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   53 42382/18 Çetintaş v. Turkey 04/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 45288/18 Şahin v. Turkey 19/09/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 45911/18 Şeker v. Turkey 22/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 50048/18 Demirtaş v. Turkey 12/10/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 53396/18 Coşkun v. Turkey 31/10/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 58 2514/19 Salman v. Turkey 17/12/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 3764/19 Aktaş v. Turkey 14/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 6739/19 Sertkaya v. Turkey 24/01/2019 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 61 6822/19 Çetin v. Turkey 17/01/2019 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 62 6904/19 Özçimen v. Turkey 16/01/2019 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 of reasonable suspicion   63 6968/19 Canaz v. Turkey 18/01/2019 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 of reasonable suspicion 64 7441/19 Söker v. Turkey 16/01/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 7617/19 Özkan v. Turkey 29/01/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 14495/19 Çağlı v. Turkey 11/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 15210/19 Ata v. Turkey 01/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 16290/19 Dalan v. Turkey 04/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 16532/19 Çomak v. Turkey 18/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 16909/19 Günerigök v. Turkey 08/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 17196/19 İşlekoğlu v. Turkey 07/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 72 19110/19 Ahmetoğlu v. Turkey 29/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 19197/19 Topçu v. Turkey 25/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 19511/19 Kavaklı v. Turkey 19/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 19548/19 Akçalı v. Turkey 21/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   76 19695/19 Gülbay v. Turkey 29/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 19837/19 Cankurt v. Turkey 05/04/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 19866/19 Çelik v. Turkey 24/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 79 20047/19 Dönmez v. Turkey 25/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 20131/19 Selvi v. Turkey 01/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 20295/19 Uzekmek v. Turkey 11/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 20316/19 Kaya v. Turkey 06/04/2019 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 83 21147/19 Şener v. Turkey 26/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 21166/19 Bağlan v. Turkey 12/04/2019 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 85 21212/19 Koka v. Turkey 22/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 21239/19 Gündüz v. Turkey 21/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 21243/19 Kayhan v. Turkey 11/04/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 21344/19 Bakan v. Turkey 12/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 89 21448/19 Aydemir v. Turkey 08/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   90 21528/19 Sahin 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 91 21665/19 Yıldırım v. Turkey 03/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 21696/19 Çiçek v. Turkey 16/04/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 22197/19 Taştan v. Turkey 16/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 22341/19 Köse v. Turkey 19/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 22472/19 Canşı v. Turkey 12/04/2019 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 96 22748/19 Çebi v. Turkey 16/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 23631/19 Şafak v. Turkey 04/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 23652/19 Arıöz v. Turkey 12/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 23666/19 Dağdeviren v. Turkey 09/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 100 23822/19 Gür v. Turkey 03/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 24558/19 Şener v. Turkey 25/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 24660/19 Çankal v. Turkey 24/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 103 24789/19 Boran v. Turkey 29/04/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 104 24961/19 Sözen v. Turkey 30/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 105 25292/19 Boz v. Turkey 27/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 26071/19 Durmaz v. Turkey 18/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 26091/19 Yılmaz v. Turkey 02/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 108 26971/19 Çetin v. Turkey 07/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 109 26979/19 Erboğa v. Turkey 07/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 27493/19 Şahin v. Turkey 17/05/2019 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 111 27503/19 Araç v. Turkey 17/05/2019 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 112 27557/19 Çıtız v. Turkey 07/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 113 27781/19 L.T. v. Turkey 10/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 27956/19 Görüşen v. Turkey 06/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 115 27979/19 Eroğlu 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 116 28931/19 Şenay v. Turkey 14/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 117 29107/19 Metin v. Turkey 28/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   118 29123/19 Aslan v. Turkey 10/05/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 119 29371/19 Akyol v. Turkey 24/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 30291/19 Baltaş v. Turkey 06/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 30306/19 Özdemir v. Turkey 27/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 122 30315/19 Şimşek v. Turkey 23/05/2019 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 123 30320/19 Demir v. Turkey 22/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 124 30361/19 Gürsu v. Turkey 20/05/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 125 30376/19 Karalar v. Turkey 21/05/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 32501/19 Hoş v. Turkey 10/05/2019 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 127 32751/19 Kaya v. Turkey 10/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 128 33034/19 Hamurcu v. Turkey 31/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 129 33066/19 Terzi v. Turkey 21/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 130 33099/19 Çimentepe v. Turkey 31/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   131 33502/19 Uluçay v. Turkey 12/06/2019 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 of reasonable suspicion 132 33785/19 Demirci v. Turkey 16/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 34664/19 Alptekin v. Turkey 14/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 34947/19 Ugar v. Turkey 28/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 35017/19 Kömürcü v. Turkey 02/07/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 136 35208/19 Ayaz v. Turkey 14/06/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 137 35252/19 Abdi v. Turkey 24/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 35390/19 Kılıç v. Turkey 21/06/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 139 36063/19 Gürçay v. Turkey 22/06/2019 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 Lack of reasonable suspicion 140 36072/19 Kaya v. Turkey 24/06/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 36119/19 Gülmez v. Turkey 29/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 36167/19 Cevri v. Turkey 19/06/2019 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   143 36184/19 Arıbaş v. Turkey 21/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 144 36225/19 Acartürk v. Turkey 03/07/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 36532/19 Genç v. Turkey 25/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 146 36770/19 Korkutan v. Turkey 26/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 36790/19 Çelik v. Turkey 25/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 36858/19 Özbaşaran v. Turkey 02/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 149 37002/19 Tatlıcı v. Turkey 28/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 37003/19 Yavuz v. Turkey 02/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 38657/19 Kayaaltı v. Turkey 18/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 152 40373/19 Kurak v. Turkey 18/07/2019 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 153 41277/19 Üçüncü v. Turkey 26/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 42536/19 Eroğlu v. Turkey 31/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 42711/19 Durmaz v. Turkey 07/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 156 45168/19 Yılmaz v. Turkey 07/08/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion   157 45473/19 Özer v. Turkey 20/08/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 158 48665/19 Kenan v. Turkey 13/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 159 51096/19 Misir v. Turkey 03/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 160 53290/19 Şan v. Turkey 05/10/2019 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 to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 161 53305/19 Aygün v. Turkey 27/09/2019 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 53604/19 Polat v. Turkey 09/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 53731/19 Gezgin v. Turkey 07/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 164 56003/19 Osman v. Turkey 18/10/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 165 56692/19 Uşan v. Turkey 16/10/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 56711/19 Benli v. Turkey 17/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 167 61190/19 Toparlak v. Turkey 08/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 168 61802/19 Albayrak v. Turkey 15/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   169 61931/19 Uğur v. Turkey 15/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 170 62700/19 Özer v. Turkey 29/11/2019 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 171 63635/19 İşbilen v. Turkey 05/12/2019 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 172 1379/20 Kaan v. Turkey 17/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 173 2913/20 Pala v. Turkey 26/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 174 5593/20 Çelik v. Turkey 15/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 175 6382/20 Oflaz v. Turkey 15/01/2020 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 176 6480/20 Güler v. Turkey 08/01/2020 Lack of relevant and sufficient reasons for detention Failure/Delay in examining requests for enlargement/objection Lack of reasonable suspicion 177 6650/20 Demirdağ v. Turkey 17/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 178 7892/20 Yalçın v. Turkey 04/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 179 7896/20 Tunç v. Turkey 04/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 180 7919/20 Karakaya v. Turkey 24/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 8206/20 Etgül v. Turkey 24/01/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 182 8725/20 Gülümser v. Turkey 07/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 183 10721/20 Polat v. Turkey 11/02/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   184 11480/20 Aykutluğ v. Turkey 14/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 185 11513/20 Çelikkaya v. Turkey 19/02/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 15694/20 Gençkaya v. Turkey 17/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 187 16406/20 Çancılar v. Turkey 07/04/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 188 16553/20 Kaya v. Turkey 17/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 18031/20 Turan v. Turkey 14/04/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 18043/20 Kür v. Turkey 20/04/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 18068/20 Yüksel v. Turkey 23/04/2020 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 192 18351/20 Canboğa v. Turkey 14/04/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 193 18708/20 Karaduman v.   Turkey 27/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 194 19196/20 Dölen v. Turkey 06/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 19533/20 Ünal v. Turkey 11/05/2020 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 196 19966/20 Ekinci v. Turkey 13/08/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 197 23121/20 İbrahimbaş v.   Turkey 08/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 198 23623/20 Çakır v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 199 24326/20 Ipekci v. Turkey 15/06/2020 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 Lack of reasonable suspicion 200 24400/20 Döşer v. Turkey 15/06/2020 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 201 25204/20 Bülbül 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 202 26138/20 Trakyalı v. Turkey 18/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 203 33333/20 Urgan v. Turkey 24/07/2020 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 Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 204 34736/20 Mercan v. Turkey 07/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 205 35308/20 Çelik v. Turkey 14/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 206 36649/20 Karakoç v. Turkey 07/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 207 38991/20 Barış v. Turkey 31/08/2020 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 208 39599/20 Kayabaşı v. Turkey 05/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   209 40092/20 Kantemir