CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 novembre 2021
- ECLI
- ECLI:CEDH:001-214418
- Date
- 23 novembre 2021
- Publication
- 23 novembre 2021
droits fondamentauxCEDH
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.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .sE3D66594 { border:0.75pt solid #000000; border-collapse:collapse } .s41E9DBF5 { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s24AC208E { border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s23CD0580 { border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:middle } .sB30C44B0 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sC3AB69A { border-style:solid; border-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2342A031 { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .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. 43550/20 Murat KÜÇÜKGÖZ against Turkey and 195 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 43550/20 Küçükgöz v. Turkey 16/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 43649/20 Avcu v. Turkey 18/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 43660/20 Güneri v. Turkey 24/09/2020 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 4 43696/20 Karaburçak v. Turkey 22/09/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 43721/20 Akdağ v. Turkey 10/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 6 43990/20 Likoğlu v. Turkey 16/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 7 44002/20 Polat v. Turkey 15/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 44063/20 Kavlak v. Turkey 14/08/2020 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 9 44088/20 Yüksel v. Turkey 03/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 10 44213/20 Soydaş v. Turkey 10/09/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 44249/20 Keskin v. Turkey 28/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 12 44261/20 Tiryaki v. Turkey 04/09/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 44393/20 Durak v. Turkey 25/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 44399/20 Maden v. Turkey 23/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 44488/20 Karagöz v. Turkey 21/09/2020 Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 44528/20 Yıldız v. Turkey 03/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 44838/20 Eski v. Turkey 10/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 44928/20 Kara v. Turkey 21/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 19 44932/20 Ayrılmaz v. Turkey 22/09/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 20 45251/20 Yiğit v. Turkey 02/10/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 45804/20 Yiğit v. Turkey 08/10/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 45814/20 Şen v. Turkey 01/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 45836/20 Dokuz v. Turkey 30/09/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 46018/20 Altun v. Turkey 01/10/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 25 46069/20 Okka v. Turkey 08/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 46070/20 Özden v. Turkey 08/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 46177/20 Demir v. Turkey 02/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 46465/20 Aslantaş v. Turkey 08/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 46468/20 Can v. Turkey 08/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 46680/20 İmir v. Turkey 08/10/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 46879/20 Çoban v. Turkey 08/10/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Lack of reasonable suspicion 32 47307/20 Kör v. Turkey 14/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 33 47348/20 Polat v. Turkey 13/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 34 47378/20 Kanat v. Turkey 12/10/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 47622/20 Şenyurt v. Turkey 22/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 47697/20 Güney v. Turkey 13/10/2020 Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 37 47812/20 Gülek v. Turkey 16/10/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 47814/20 Kurt v. Turkey 19/10/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 48952/20 Emeç v. Turkey 28/08/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 48982/20 Kanak v. Turkey 20/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 41 49075/20 Toruk v. Turkey 27/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 49676/20 Fırat v. Turkey 21/10/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 49690/20 Yücel v. Turkey 23/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 44 50182/20 Uçar v. Turkey 21/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 50616/20 Akan v. Turkey 23/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 50656/20 Boz v. Turkey 05/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 50844/20 Abanoz v. Turkey 05/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 51010/20 Şahin v. Turkey 02/11/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 51131/20 Canbulat v. Turkey 05/11/2020 Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 51139/20 Çelikoğlu v. Turkey 05/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 51256/20 Çelen v. Turkey 04/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 51374/20 Ercan v. Turkey 04/11/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 51444/20 Oruç v. Turkey 04/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 51510/20 Keklik v. Turkey 05/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 51814/20 Tutal v. Turkey 09/11/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 51879/20 Kaplan v. Turkey 11/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 51915/20 Uçar v. Turkey 17/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 52055/20 Şen v. Turkey 13/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 52091/20 Muradalan v. Turkey 13/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 52143/20 Turan v. Turkey 11/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 52181/20 Özsarı v. Turkey 24/06/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 52214/20 Şahin v. Turkey 02/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 52221/20 Duran v. Turkey 09/11/2020 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 64 52331/20 Kara v. Turkey 26/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 52597/20 Çınar v. Turkey 16/11/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 52743/20 Yalçın v. Turkey 17/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 52796/20 Kara v. Turkey 17/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 52952/20 Bal v. Turkey 21/07/2020 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 69 53047/20 Erdoğdu v. Turkey 27/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 53162/20 İncebacak v. Turkey 08/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 53938/20 Bağdat v. Turkey 30/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 72 53956/20 Yazbahar v. Turkey 09/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 54007/20 Küçükkaya v. Turkey 10/08/2020 Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 54296/20 Ünveren v. Turkey 20/11/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 75 54391/20 Özdemir v. Turkey 20/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 76 54573/20 Minnetoğlu v. Turkey 01/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 54637/20 Koca v. Turkey 20/11/2020 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 hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 78 54798/20 Tekbaş v. Turkey 23/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 79 54832/20 Berber v. Turkey 15/10/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 80 54849/20 Önce v. Turkey 15/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 55029/20 Şanlı v. Turkey 26/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 55290/20 Çiftçi v. Turkey 30/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 55503/20 Bozköylü v. Turkey 20/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 55510/20 Gün v. Turkey 24/11/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 85 55862/20 Keskin v. Turkey 26/11/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 41/21 Pakır v. Turkey 03/12/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 70/21 Çaparoğlu v. Turkey 07/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 72/21 Güner v. Turkey 02/12/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 89 103/21 Kaya v. Turkey 04/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 162/21 Demircan v. Turkey 02/12/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 493/21 Ayçiçek v. Turkey 03/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 963/21 Koçal v. Turkey 15/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 1047/21 Ardıç v. Turkey 18/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 94 1160/21 Kaya v. Turkey 08/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 1202/21 Ciğerci v. Turkey 18/12/2020 Length of pre-trial detention 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 96 1386/21 Aydemir v. Turkey 26/11/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 1537/21 Çevik v. Turkey 24/12/2020 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 1622/21 Atasever v. Turkey 22/12/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 1756/21 Delice v. Turkey 23/12/2020 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 to communicate the prosecutor’s opinion Lack of reasonable suspicion 100 1916/21 Gündüz v. Turkey 21/12/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 1969/21 Karaduman v. Turkey 22/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 2000/21 Bat v. Turkey 10/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 103 2344/21 Durmaz v. Turkey 25/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 104 2362/21 Uslu v. Turkey 08/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 105 2526/21 Mirici v. Turkey 24/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 3082/21 Bozkurt v. Turkey 30/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 3107/21 Tokatlı v. Turkey 16/12/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 108 3182/21 Karaca v. Turkey 28/12/2020 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 No effective remedy to compensation Lack of reasonable suspicion 109 3196/21 Kaya v. Turkey 08/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 3454/21 Bozkurt v. Turkey 28/12/2020 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 to communicate the prosecutor’s opinion Lack of reasonable suspicion 111 3584/21 Keskin v. Turkey 31/12/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 3606/21 Kodal v. Turkey 23/12/2020 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 113 3867/21 Gökmen v. Turkey 30/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 3891/21 Bozkurt v. Turkey 31/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 115 3939/21 Kaya v. Turkey 10/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 4313/21 Hacımustafaoğlu v. Turkey 30/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 117 5278/21 Ay v. Turkey 06/01/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 118 6002/21 Şahin v. Turkey 07/01/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 119 6115/21 Yoldaş v. Turkey 25/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 7448/21 Salbaş v. Turkey 28/01/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 7505/21 Akbulut v. Turkey 28/01/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 122 7862/21 Özcan v. Turkey 28/01/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 123 8613/21 Şahin v. Turkey 26/01/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 124 8773/21 Yılmaz v. Turkey 03/11/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 125 8842/21 Genç v. Turkey 03/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 8879/21 Buğdaylıgil v. Turkey 02/02/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 127 9312/21 Kırtay v. Turkey 09/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 128 9428/21 Çakmak v. Turkey 21/01/2021 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 129 9574/21 Şahbaz v. Turkey 20/01/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 130 9763/21 Dal v. Turkey 11/02/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 131 9925/21 Dilevci v. Turkey 07/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 9942/21 Ağaçdan v. Turkey 03/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 10265/21 Deniz v. Turkey 27/01/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 10357/21 Çiyik v. Turkey 08/02/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 11322/21 Çalış v. Turkey 04/12/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 136 11982/21 Kılınçarslan v. Turkey 08/02/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of hearing during the detention review Lack of reasonable suspicion 137 12073/21 Yaman v. Turkey 18/02/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 12213/21 Canbolat v. Turkey 11/02/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 139 12500/21 Kaya v. Turkey 09/01/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 140 12986/21 Orhan v. Turkey 04/03/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 13004/21 Çınar v. Turkey 23/02/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 13288/21 Aksoy v. Turkey 19/02/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 143 13371/21 Bıyıklı v. Turkey 24/02/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 144 13553/21 Yılmaz v. Turkey 01/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 13576/21 Karkın v. Turkey 26/02/2021 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 146 13843/21 Çatkaya v. Turkey 23/02/2021 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 147 14091/21 Bilgin v. Turkey 26/02/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 14507/21 Er v. Turkey 05/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 149 14559/21 Topcan v. Turkey 04/03/2021 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 14583/21 Genç v. Turkey 03/03/2021 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 151 14885/21 Kaya v. Turkey 08/07/2020 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 152 15044/21 Örük v. Turkey 10/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 153 15719/21 Usta v. Turkey 10/03/2021 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 15978/21 Yıldırım v. Turkey 19/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 15979/21 Çömçe v. Turkey 10/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 156 16689/21 Acar v. Turkey 10/03/2021 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 157 16942/21 Ahmetoğlu v. Turkey 17/03/2021 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 158 17216/21 Dayanır v. Turkey 17/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 159 17686/21 Akgün v. Turkey 30/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 160 17942/21 Eryiğit v. Turkey 19/03/2021 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 161 17953/21 Özmen v. Turkey 18/03/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 18061/21 Süvari v. Turkey 24/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 18267/21 Kaynak v. Turkey 29/03/2021 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 164 18585/21 Aydoğmuş v. Turkey 31/03/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 165 18714/21 Doğan v. Turkey 25/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 19144/21 İnci v. Turkey 01/04/2021 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 167 20844/21 Akelma v. Turkey 26/02/2021 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 168 20845/21 Fındık v. Turkey 02/02/2021 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 169 21770/21 Gündoğdu v. Turkey 05/04/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 170 22031/21 Keskin v. Turkey 09/04/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 171 22115/21 Çete v. Turkey 16/04/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 172 22325/21 Akpınar v. Turkey 16/04/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 173 22753/21 Topal v. Turkey 28/01/2021 Lack of relevant and sufficient reasons for detention Failure/Delay in examining requests for enlargement/objection 174 24675/21 Uyanık v. Turkey 07/05/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 175 25936/21 Celepoğlu v. Turkey 19/03/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 176 26131/21 Demir v. Turkey 22/04/2021 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 177 26712/21 Ertuğral v. Turkey 06/05/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 178 27480/21 Sönmez v. Turkey 18/05/2021 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 179 28241/21 Delibaş v. Turkey 18/05/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 180 28242/21 Songur v. Turkey 28/05/2021 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 28697/21 Acar v. Turkey 31/05/2021 Length of pre-trial detention 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 182 31069/21 Erbil v. Turkey 10/06/2021 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 183 31574/21 Yücel v. Turkey 11/06/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 34449/21 Er v. Turkey 11/06/2021 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/Delay to communicate decisions relating to detention Lack of reasonable suspicion 185 34615/21 Bacaklıoğlu v. Turkey 07/06/2021 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 186 36015/21 Yalçın v. Turkey 02/07/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 187 36762/21 Çandik v. Turkey 07/07/2021 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 188 37207/21 Karaman v. Turkey 14/07/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 37266/21 Karakoç v. Turkey 13/07/2021 Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 190 38533/21 Karapınar v. Turkey 01/07/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Lack of reasonable suspicion 191 38710/21 Ersöyleyen v. Turkey 24/06/2021 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 192 39726/21 Pehlivan v. Turkey 04/08/2021 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 193 39745/21 Adam v. Turkey 16/07/2021 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 194 40386/21 Güç v. Turkey 02/08/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 43989/21 Baktır v. Turkey 09/08/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 196 45661/21 Aslan v. Turkey 27/08/2021 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion    Citations
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Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 23 novembre 2021
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-214418
Données disponibles
- Texte intégral
- Résumé officiel