CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 novembre 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sE3D66594 { border:0.75pt solid #000000; border-collapse:collapse } .s41E9DBF5 { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s24AC208E { border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s23CD0580 { border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:middle } .sB30C44B0 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sC3AB69A { border-style:solid; border-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2342A031 { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s8615E8B1 { height:48.9pt } .s546C9D04 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s40B7A780 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s4F2EDFF { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Published on 13 December 2021   SECOND SECTION Application no. 37097/19 Fatoş MUTLUER against Turkey and 240 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 37097/19 Mutluer v. Turkey 01/07/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 37240/19 Özbey v. Turkey 20/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 37253/19 Yanbay v. Turkey 13/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 37276/19 Köse v. Turkey 09/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 37619/19 Baş v. Turkey 04/07/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 6 38186/19 Nazlı v. Turkey 28/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 7 38465/19 Duman v. Turkey 08/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 38480/19 Kamacı v. Turkey 12/07/2019 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 9 38696/19 Polat v. Turkey 05/07/2019 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 10 39668/19 Elagöz v. Turkey 22/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 39937/19 Çekerek v. Turkey 10/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 12 40474/19 Değirmenci v. Turkey 11/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 40692/19 Arıcan v. Turkey 19/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 40940/19 Tunahan v. Turkey 23/07/2019 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 15 41299/19 Gürler v. Turkey 26/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 41779/19 Satık v. Turkey 02/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 42089/19 Bülbül v. Turkey 29/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 42156/19 Daşkın v. Turkey 26/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 19 42540/19 Türkaydın v. Turkey 06/08/2019 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 20 43361/19 Ulun v. Turkey 06/08/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 21 43388/19 Onat v. Turkey 02/08/2019 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 22 43407/19 Akarsu v. Turkey 07/08/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 43422/19 Eryaman v. Turkey 21/07/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 44262/19 Mustafa v. Turkey 08/08/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 25 44993/19 Demirbaş v. Turkey 23/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 45131/19 Acar v. Turkey 16/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 46538/19 Yıldır v. Turkey 21/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 47052/19 Salim v. Turkey 03/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 47302/19 Bilgin v. Turkey 26/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 47312/19 Çakır v. Turkey 21/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 47943/19 Çelik v. Turkey 21/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 32 48063/19 Moran v. Turkey 05/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 33 48104/19 Bayzan v. Turkey 11/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 34 48400/19 Aksoy v. Turkey 11/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 48552/19 Bavik v. Turkey 20/05/2019 Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 36 49211/19 Karanfil v. Turkey 29/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 49408/19 Uzun v. Turkey 11/09/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 49703/19 Gücük v. Turkey 10/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 49722/19 Mertkaya v. Turkey 09/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 49910/19 Atabay v. Turkey 19/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 41 50714/19 Bayram v. Turkey 17/08/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 51075/19 Açar v. Turkey 02/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 51206/19 Gedikli v. Turkey 03/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 44 51390/19 Aka v. Turkey 25/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 51491/19 Çoban v. Turkey 27/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 51624/19 Orak v. Turkey 16/09/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 51794/19 Yıldırım v. Turkey 29/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 51962/19 Birinci v. Turkey 16/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 52455/19 Sayın v. Turkey 26/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 53319/19 Demir v. Turkey 02/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 53526/19 Yıldırım v. Turkey 26/09/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 53735/19 Tekin v. Turkey 26/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 54004/19 Doğan v. Turkey 04/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 54685/19 Türkcan v. Turkey 20/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 54800/19 Aksoy v. Turkey 05/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 54836/19 Şahin v. Turkey 02/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 55281/19 Yılmaz v. Turkey 19/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 55329/19 Ergün v. Turkey 11/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 55482/19 Ay Sağlam v. Turkey 26/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 55613/19 Koç v. Turkey 24/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 55767/19 Yalın v. Turkey 04/10/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 56817/19 Abit v. Turkey 07/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 56884/19 Şatıroğlu v. Turkey 17/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 56994/19 Baysal v. Turkey 16/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 57057/19 Yurtcu v. Turkey 25/10/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 57069/19 Doğruöz v. Turkey 16/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 57349/19 Şekerci v. Turkey 18/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 68 57465/19 Karalı v. Turkey 23/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 58899/19 Usluer v. Turkey 08/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 59151/19 Solmaz v. Turkey 08/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 59927/19 Birkin v. Turkey 06/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 72 60476/19 Kahya v. Turkey 19/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 60968/19 Keskin v. Turkey 09/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 61212/19 Kaplan v. Turkey 23/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 61582/19 Sefil v. Turkey 11/11/2019 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 76 61597/19 Bostan v. Turkey 13/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 61634/19 Özkan v. Turkey 08/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 61662/19 Akyürek v. Turkey 11/11/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 79 61893/19 Çoban v. Turkey 15/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 62623/19 Dişlen v. Turkey 18/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 62748/19 Alan v. Turkey 29/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 82 62956/19 Işık v. Turkey 19/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 63023/19 Ökmen v. Turkey 14/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 84 63542/19 Uğur v. Turkey 19/11/2019 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 85 64941/19 Kuğu v. Turkey 06/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 65111/19 Topatmış v. Turkey 03/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 65223/19 Senğül v. Turkey 18/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 627/20 Ersöz v. Turkey 23/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 89 1156/20 Şen v. Turkey 17/12/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 1398/20 Danışman v. Turkey 27/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 1584/20 Heybeli v. Turkey 17/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 1615/20 Ayverdi v. Turkey 13/12/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 2126/20 Şahan v. Turkey 02/01/2020 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 2194/20 Demir v. Turkey 19/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 2469/20 Öz v. Turkey 23/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 2841/20 Altınova v. Turkey 04/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 3179/20 Balaban v. Turkey 27/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 3578/20 Erkart v. Turkey 30/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 4397/20 Sarıoğlu v. Turkey 31/12/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 100 4819/20 Turhal v. Turkey 28/05/2020 Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 5030/20 Öztürk v. Turkey 10/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 5508/20 Yaman v. Turkey 20/01/2020 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 103 6082/20 Aytaç v. Turkey 24/01/2020 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 104 6187/20 Kara v. Turkey 09/01/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 105 6278/20 Yücetürk v. Turkey 21/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 7134/20 Uçan v. Turkey 13/01/2020 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 107 7458/20 Karahasanoglu v. Turkey 03/02/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 108 8346/20 Karamustafa v. Turkey 22/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 109 9074/20 Özden v. Turkey 10/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 9639/20 Altan v. Turkey 05/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 9986/20 Orta v. Turkey 18/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 11014/20 Yavaşcan v. Turkey 17/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 113 11221/20 Birişik v. Turkey 10/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 11302/20 Güler v. Turkey 18/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 115 11361/20 Bayram v. Turkey 14/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 11476/20 Özdemir v. Turkey 18/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 117 11997/20 Ak v. Turkey 18/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 118 12780/20 Udül v. Turkey 24/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 119 12898/20 Özdamar v. Turkey 04/03/2020 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/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 120 13673/20 İnce v. Turkey 07/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 14844/20 Genç v. Turkey 06/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 122 14985/20 Boydak v. Turkey 25/02/2020 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 123 14996/20 Ceylan v. Turkey 04/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 124 16561/20 Arıcan v. Turkey 18/03/2020 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 125 16933/20 Çakmak v. Turkey 23/03/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 126 17040/20 Kaya v. Turkey 17/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 127 17065/20 Varol v. Turkey 03/04/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 128 17108/20 Karaduman v. Turkey 24/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 129 17120/20 Tezel v. Turkey 09/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 130 17167/20 Altunöz v. Turkey 02/04/2020 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 131 18184/20 Batıhan v. Turkey 17/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 18260/20 Soner v. Turkey 27/04/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 18733/20 Altayli v. Turkey 30/04/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 19751/20 Gerboğa v. Turkey 11/05/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 20148/20 Kaplan v. Turkey 13/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 136 20589/20 Kuzgun v. Turkey 16/01/2020 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 Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 137 21059/20 Kaya v. Turkey 22/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 21333/20 Mermer v. Turkey 11/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 139 21417/20 Kaya v. Turkey 20/05/2020 Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 140 21420/20 Arıcan v. Turkey 06/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 21969/20 Demir v. Turkey 29/05/2020 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 22973/20 Aymak v. Turkey 21/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 143 22995/20 Dündar v. Turkey 28/05/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 144 23316/20 Ateş v. Turkey 12/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 23886/20 Aytekin v. Turkey 21/05/2020 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 146 24236/20 Akbalık v. Turkey 15/06/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 24308/20 Karabiber v. Turkey 11/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 24402/20 Güler v. Turkey 20/05/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 149 24840/20 Çelebi v. Turkey 11/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 25786/20 Keleş v. Turkey 25/06/2020 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 151 26284/20 Balık v. Turkey 12/06/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 152 27256/20 Güller v. Turkey 17/06/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 153 28033/20 Baykan v. Turkey 09/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 28759/20 Korkmaz v. Turkey 30/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 29157/20 Uludağ v. Turkey 24/06/2020 Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 156 29556/20 Kurnaz v. Turkey 22/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 157 30283/20 Alkanlı v. Turkey 10/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 158 30427/20 Ayhan v. Turkey 23/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 159 30443/20 Alp v. Turkey 16/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 160 31993/20 Doğan v. Turkey 27/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 32060/20 Gündar v. Turkey 27/07/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 34186/20 Özkaya v. Turkey 22/07/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 34882/20 Çetin v. Turkey 06/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 164 34892/20 Çetinkaya v. Turkey 10/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 165 35513/20 Ceylan v. Turkey 28/07/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 166 35796/20 Memiş v. Turkey 05/08/2020 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 167 36386/20 Karagöz v. Turkey 06/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 168 36433/20 Kol v. Turkey 11/08/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 169 36489/20 Akkul v. Turkey 28/07/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 170 36920/20 Kartalcık v. Turkey 10/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 171 37452/20 Cenk v. Turkey 14/08/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 172 37627/20 Arslanoğlu v. Turkey 26/08/2020 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 173 37810/20 Yörüklü v. Turkey 18/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 174 38278/20 Gümüş v. Turkey 27/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 175 38467/20 Yağcı v. Turkey 27/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 176 38471/20 Karınca v. Turkey 20/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 177 40090/20 Tarlacı v. Turkey 31/08/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 178 40306/20 Karakaya v. Turkey 08/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 179 42543/20 Kara v. Turkey 15/09/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 180 42905/20 Ayday v. Turkey 15/09/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 181 43065/20 Uçar v. Turkey 10/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 182 43656/20 Koç v. Turkey 24/09/2020 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 183 44099/20 Başak v. Turkey 04/09/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 44233/20 Tan v. Turkey 24/09/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 185 44662/20 Koç v. Turkey 23/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 46221/20 Aytaş v. Turkey 01/10/2020 Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 187 46415/20 Kahyaoğlu v. Turkey 15/10/2020 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 188 47619/20 Bozkurt v. Turkey 22/10/2020 Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 189 49159/20 Sivri v. Turkey 27/10/2020 Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 49848/20 Azgın v. Turkey 04/11/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of hearing during the detention review Lack of reasonable suspicion 191 50359/20 Sevimli v. Turkey 03/11/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 192 50688/20 Şen v. Turkey 06/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 193 51357/20 Demirhan v. Turkey 02/11/2020 Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Lack of reasonable suspicion 194 52013/20 Yağcı v. Turkey 05/10/2020 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 52088/20 Han v. Turkey 17/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 196 52095/20 Dökme v. Turkey 16/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 197 52329/20 Pala v. Turkey 02/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 198 52833/20 Demircan v. Turkey 19/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 199 53196/20 Demiray v. Turkey 19/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 200 53285/20 Kalkan v. Turkey 19/11/2020 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 201 54266/20 Sevinç v. Turkey 25/11/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 202 54298/20 Sarı v. Turkey 24/11/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 203 55056/20 Arığ v. Turkey 01/12/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 204 55078/20 Dirlikli v. Turkey 01/12/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 205 55142/20 Altuntaş v. Turkey 27/11/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 206 274/21 Kocatürk v. Turkey 15/12/2020 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/Delay to communicate decisions relating to detention Lack of reasonable suspicion 207 751/21 Bardakkaya v. Turkey 11/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 208 1121/21 Dinc v. Turkey 09/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 209 1614/21 Karataş v. Turkey 24/12/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 210 2100/21 Ayhan v. Turkey 16/12/2020 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 211 3888/21 Makineci v. Turkey 04/01/2021 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 212 5420/21 Özalp v. Turkey 05/01/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 213 9401/21 Çalık v. Turkey 28/01/2021 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 214 12477/21 Polat v. Turkey 24/02/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 215 12654/21 Savaş v. Turkey 19/02/2021 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 Lack of reasonable suspicion 216 15056/21 Bayram v. Turkey 11/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 217 16190/21 Mumcu v. Turkey 16/03/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 218 16421/21 Erdoğan v. Turkey 18/03/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 219 16538/21 Lokman v. Turkey 05/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 220 16895/21 Özlem v. Turkey 04/03/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 221 17102/21 İper v. Turkey 12/03/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 222 17595/21 Özdemir v. Turkey 17/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 223 18276/21 İpek v. Turkey 29/03/2021 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 224 20509/21 Taşkent v. Turkey 14/04/2021 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 225 22343/21 Erdem v. Turkey 21/04/2021 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 226 22925/21 Talaz v. Turkey 29/04/2021 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 227 25578/21 Tire v. Turkey 27/04/2021 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 228 27111/21 Düzenli v. Turkey 10/05/2021 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 229 27418/21 Uluç v. Turkey 22/05/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 230 28769/21 Akıncı v. Turkey 01/06/2021 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Lack of reasonable suspicion 231 31016/21 Alıcı v. Turkey 11/06/2021 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 232 31886/21 Eser v. Turkey 16/06/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 233 33165/21 Eker v. Turkey 04/06/2021 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 Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 234 33343/21 Serter Özlü v. Turkey 10/06/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 235 34230/21 Arslan v. Turkey 17/06/2021 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 236 35363/21 Eren v. Turkey 25/06/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 237 35695/21 Aslan v. Turkey 28/06/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 238 39634/21 Koçyiğit v. Turkey 12/07/2021 Lack of relevant and sufficient reasons for detention 239 40847/21 Rıdvan v. Turkey 04/08/2021 Length of pre-trial detention Lack of relevant an