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. 30689/17 Emin YILDIRIM against Turkey and 234 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   No. App. no Case Title Date of introduction Complaints 1 30689/17 Yıldırım v. Turkey 31/03/2017 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 2 36994/17 Keskin v. Turkey 30/03/2017 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 45108/17 Yılmaz v. Turkey 01/06/2017 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 4 54634/17 Öğünlü v. Turkey 21/06/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 58473/17 Yaman v. Turkey 18/07/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 6 59619/17 Acar v. Turkey 15/05/2017 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 of reasonable suspicion 7 69555/17 Kocabay v. Turkey 23/08/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 69561/17 Akbulut v. Turkey 24/08/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 9 70272/17 Kırtay v. Turkey 21/07/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 10 70277/17 Aras v. Turkey 21/07/2017 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 70280/17 Üner v. Turkey 21/07/2017 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 12 71046/17 Kartal v. Turkey 28/08/2017 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 2714/18 Aslan v. Turkey 19/12/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 4083/18 İstemil v. Turkey 01/12/2017 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 4699/18 Taşdemir v. Turkey 13/07/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 7750/18 Kar v. Turkey 12/01/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 11324/18 Yassıkaya v. Turkey 20/02/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 18 11327/18 Özkan v. Turkey 20/02/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 19 11789/18 Pilgir v. Turkey 13/02/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 20 11898/18 Dinç v. Turkey 22/02/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 11982/18 Avcı v. Turkey 05/03/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 12139/18 Sürmeneli v. Turkey 01/03/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 12166/18 Aktürk v. Turkey 19/02/2018 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 24 12241/18 Aycıl v. Turkey 22/02/2018 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 25 12575/18 Saracoğlu v. Turkey 02/03/2018 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 26 12702/18 Aşçı v. Turkey 07/03/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 14825/18 Doğan v. Turkey 08/02/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 15597/18 Gökçe v. Turkey 28/03/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 16112/18 Balci v. Turkey 14/03/2018 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 30 16390/18 Toros v. Turkey 30/03/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 31 16970/18 Balcan v. Turkey 16/03/2018 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 32 17744/18 Bilgin v. Turkey 16/02/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 33 18195/18 Oğuz v. Turkey 15/03/2018 Length of pre-trial detention 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 34 18301/18 Öztürk v. Turkey 19/02/2018 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 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 35 19706/18 Uryan v. Turkey 16/04/2018 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 36 20258/18 Albaş v. Turkey 17/04/2018 Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 37 22037/18 Güngör v. Turkey 30/04/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 38 22189/18 Arıdal v. Turkey 24/04/2018 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 39 22269/18 Onarıcıoğlu v. Turkey 30/04/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 23234/18 Bekci v. Turkey 03/05/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 41 23446/18 Nacar v. Turkey 30/04/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 42 23680/18 Çakmakkaya v. Turkey 30/04/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 43 23883/18 Doğan v. Turkey 10/05/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 44 24684/18 Özkan v. Turkey 15/05/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 25833/18 Demir v. Turkey 22/05/2018 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 Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 46 28009/18 Arslan v. Turkey 06/06/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 47 28548/18 Öztaş v. Turkey 04/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 30478/18 Acar v. Turkey 19/06/2018 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 49 32413/18 Aydın v. Turkey 20/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 32878/18 Ateş v. Turkey 22/06/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 32992/18 Körün v. Turkey 27/06/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 33866/18 Ünlü v. Turkey 05/07/2018 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 53 35507/18 Can v. Turkey 06/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 35667/18 Erdoğan v. Turkey 09/07/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 55 36239/18 Kablan v. Turkey 21/07/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 56 37279/18 Selimler v. Turkey 26/07/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 57 37434/18 Özdemir v. Turkey 26/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 39047/18 Arıcan v. Turkey 02/08/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 39054/18 Çaylı v. Turkey 31/07/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 60 39833/18 Zengin v. Turkey 15/08/2018 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 61 40005/18 Kolcu v. Turkey 03/08/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 41634/18 Akdaş v. Turkey 15/08/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 42148/18 Dursun v. Turkey 03/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 43243/18 Özdemir v. Turkey 06/09/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 44785/18 Taş v. Turkey 13/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 45457/18 Şener v. Turkey 17/09/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 45562/18 Şahin v. Turkey 03/09/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 68 46255/18 Eğedemir v. Turkey 18/09/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 46263/18 İçtin v. Turkey 03/09/2018 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 70 46359/18 Bulut v. Turkey 12/09/2018 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 71 46897/18 Sevengül v. Turkey 20/09/2018 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 72 48501/18 Özmen v. Turkey 02/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 48594/18 Denizci v. Turkey 05/10/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 50262/18 Kazan v. Turkey 28/09/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 50312/18 Yılmaz v. Turkey 16/10/2018 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 76 55547/18 Ünüvar v. Turkey 05/10/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 55620/18 Şimşek v. Turkey 04/10/2018 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 78 57189/18 Gündüz v. Turkey 13/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 79 57674/18 Taşkıran v. Turkey 15/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 3227/19 Çelik v. Turkey 25/12/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 3515/19 Demirel v. Turkey 25/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 4584/19 Taştekin v. Turkey 03/12/2018 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 83 5267/19 Alper v. Turkey 11/01/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 5409/19 Bezkun v. Turkey 25/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 5415/19 Yazar v. Turkey 28/11/2018 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 86 6952/19 Yılmaz v. Turkey 17/01/2019 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 87 8329/19 Atasoy (Çetin) v. Turkey 29/01/2019 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 88 9126/19 Tek v. Turkey 04/02/2019 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 89 9358/19 Sarsık v. Turkey 06/02/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 9448/19 Atay v. Turkey 01/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 9501/19 Ay v. Turkey 08/02/2019 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 92 10906/19 Saz v. Turkey 14/02/2019 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 93 13124/19 Altuntop v. Turkey 22/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 15777/19 Akdeniz v. Turkey 26/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 16138/19 Aşula v. Turkey 28/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 16145/19 Yaprak v. Turkey 28/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 16205/19 Karakuş v. Turkey 13/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 16245/19 Dırman v. Turkey 20/03/2019 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 99 16429/19 Yalçın v. Turkey 01/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 100 17039/19 Kar v. Turkey 07/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 17088/19 Köylü v. Turkey 07/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 17177/19 Kılıç v. Turkey 04/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 103 17495/19 Atakan v. Turkey 25/03/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 104 18792/19 Yılmaz v. Turkey 29/03/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 105 18851/19 Gülbaş v. Turkey 09/01/2019 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 106 18859/19 Yılmaz v. Turkey 26/03/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 19037/19 Akdeniz v. Turkey 25/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 108 19112/19 Karademir v. Turkey 22/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 109 19113/19 Güder v. Turkey 22/03/2019 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 110 19129/19 Çınar v. Turkey 29/03/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 19141/19 Yiğit v. Turkey 28/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 19146/19 Yurdakul v. Turkey 02/04/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 113 19174/19 Usta v. Turkey 28/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 19184/19 Polat v. Turkey 26/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 115 19206/19 Akyar v. Turkey 27/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 19246/19 Topçak v. Turkey 28/03/2019 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 Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 117 19507/19 Türkmenoğlu v. Turkey 11/03/2019 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 118 19672/19 Şanlı v. Turkey 27/03/2019 Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 119 19814/19 Burkay v. Turkey 28/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 19861/19 Kart v. Turkey 02/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 19865/19 Pehlivan v. Turkey 01/04/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 122 20314/19 Çevik v. Turkey 20/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 123 20573/19 Çışan v. Turkey 29/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 124 21005/19 Ayhan v. Turkey 05/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 125 21010/19 Özkaya v. Turkey 05/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 21188/19 Demirtaş v. Turkey 20/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 127 21194/19 Böğrek v. Turkey 13/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 128 21219/19 Coşkun v. Turkey 19/03/2019 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 129 21246/19 Erbay v. Turkey 29/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 130 21560/19 Barıt v. Turkey 08/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 131 21578/19 Erbaş v. Turkey 05/04/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 21702/19 Duman v. Turkey 04/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 21263/19 Yaman v. Turkey 03/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 21900/19 Çavdar v. Turkey 18/04/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 21907/19 Balcı v. Turkey 08/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 136 21954/19 Bircan 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 of reasonable suspicion 137 21956/19 Kabadayı v. Turkey 19/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 21961/19 Elibol v. Turkey 12/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 139 21998/19 Efe v. Turkey 03/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 140 22162/19 Karataş v. Turkey 04/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 22387/19 Birgin v. Turkey 15/04/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 22628/19 Aktas v. Turkey 12/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 143 23055/19 Durmaz v. Turkey 16/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 144 23844/19 Baştürk v. Turkey 06/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 23942/19 Talay v. Turkey 01/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 146 23952/19 Aslan v. Turkey 26/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 24236/19 Bilgili v. Turkey 11/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 24306/19 Alpay v. Turkey 09/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 149 24548/19 Günaydın v. Turkey 22/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 24618/19 Çelik v. Turkey 24/04/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 24643/19 Tergek v. Turkey 25/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 152 24912/19 Yetkin v. Turkey 04/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 153 24971/19 Alioğlu v. Turkey 20/04/2019 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 154 25006/19 Taşdelen v. Turkey 22/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 25146/19 Er v. Turkey 22/04/2019 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 156 25442/19 Keskinoğlu v. Turkey 30/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 157 25829/19 Taylan v. Turkey 25/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 158 26100/19 Kıratlı v. Turkey 30/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 159 26942/19 Taşkaya v. Turkey 09/05/2019 Length of pre-trial detention 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 160 27028/19 Yelkovan v. Turkey 19/04/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 27095/19 Yasinoğlu v. Turkey 03/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 27143/19 Demir v. Turkey 29/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 27386/19 Erduran v. Turkey 29/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 164 27495/19 Batçık v. Turkey 17/05/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 165 27657/19 Şalış v. Turkey 30/04/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 27661/19 Aykaç v. Turkey 03/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 167 27662/19 Meydan v. Turkey 03/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 168 27678/19 Koc v. Turkey 09/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 169 28327/19 Yurtseven v. Turkey 14/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 170 29172/19 Karakaş v. Turkey 14/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 171 29324/19 İğde v. Turkey 09/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 172 29325/19 Bildirici 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 173 29637/19 Altuntepe v. Turkey 02/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 174 29672/19 Yazar v. Turkey 10/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 175 29681/19 Arslan v. Turkey 07/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 176 30010/19 Boyacıoğlu v. Turkey 26/04/2019 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 177 30226/19 Hacımüftüoğlu v. Turkey 02/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 178 30259/19 Uyanık v. Turkey 22/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 179 30323/19 Karaosmanoğlu v. Turkey 20/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 180 30357/19 Güzel v. Turkey 02/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 30378/19 Usluer v. Turkey 14/05/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 182 30386/19 Koç v. Turkey 16/05/2019 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 183 30398/19 Sayan v. Turkey 08/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 30440/19 Gümüş v. Turkey 21/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 185 30473/19 Çevik v. Turkey 10/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 30494/19 Ürkmez v. Turkey 23/05/2019 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 187 30512/19 Aytaç v. Turkey 21/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 188 30529/19 Akkaş v. Turkey 22/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 30653/19 Kocatekin v. Turkey 17/05/2019 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 190 30703/19 Şimşek v. Turkey 22/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 30860/19 Pampal v. Turkey 27/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 192 31079/19 Öztürk v. Turkey 22/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 193 31712/19 Taşdöğen v. Turkey 27/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 194 31797/19 Atabey v. Turkey 28/05/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 32465/19 Çetin v. Turkey 31/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 196 32627/19 Toptaş v. Turkey 17/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 197 32766/19 Doğan v. Turkey 17/05/2019 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 198 33114/19 Menzilci v. Turkey 22/05/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 199 33395/19 Arapoğlu v. Turkey 21/05/2019 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 200 33465/19 Ulusal v. Turkey 11/06/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 201 33501/19 Kılıç v. Turkey 12/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 202 33950/19 Can v. Turkey 22/06/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 203 34017/19 Uyar v. Turkey 14/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 204 34135/19 Erdoğan v. Turkey 11/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 205 34145/19 Erbil v. Turkey 12/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 206 34605/19 Yiğit v. Turkey 11/06/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 207 35042/19 Uğur v. Turkey 01/07/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 208 35047/19 Ürkmez v. Turkey 01/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 209 35050/19 Çelik v. Turkey 01/07/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 210 35092/19 Çınar v. Turkey 28/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 211 35096/19 Ekici v. Turkey 28/06/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 212 35149/19 Atik v. Turkey 28/06/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 213 35290/19 Aydın v. Turkey 14/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 214 35306/19 Akkoç v. Turkey 19/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 215 35443/19 Kaya v. Turkey 13/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 216 35644/19 Sarıboğa v. Turkey 20/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 217 35801/19 Sarı v. Turkey 25/06/2019 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 218 35831/19 Zengin v. Turkey 28/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable sus