CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 novembre 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .sE3D66594 { border:0.75pt solid #000000; border-collapse:collapse } .s41E9DBF5 { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s24AC208E { border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s23CD0580 { border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:middle } .sB30C44B0 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sC3AB69A { border-style:solid; border-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2342A031 { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s546C9D04 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s40B7A780 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s4F2EDFF { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } Published on 13 December 2021   SECOND SECTION Application no. 70892/17 Fatih Şükrü GÖKÇEK against Turkey and 197 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. 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?         APPENDIX   No. App. no Case Title Date of introduction Complaints 1 70892/17 Gökçek v. Turkey 26/07/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 1/18 Harput v. Turkey 04/12/2017 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 3 82/18 Koçyiğit v. Turkey 28/11/2017 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 3458/18 Dur v. Turkey 04/01/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 5 10773/18 Ulukapı v. Turkey 07/02/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 6 10803/18 Cengiz v. Turkey 29/01/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 7 12045/18 Özgür v. Turkey 02/03/2018 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 16527/18 Tunç v. Turkey 19/03/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 9 16800/18 Açlan v. Turkey 30/03/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 10 17289/18 Arslanbay v. Turkey 29/03/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 22093/18 Şener v. Turkey 30/04/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 12 22156/18 Öz v. Turkey 24/04/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 23493/18 Çevik v. Turkey 30/04/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 23758/18 Ballı v. Turkey 07/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 23822/18 Özcan v. Turkey 03/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 23912/18 Özkökeli v. Turkey 04/05/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 23919/18 Özdemir v. Turkey 04/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 24456/18 Uslu v. Turkey 17/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 19 24612/18 Sazil v. Turkey 15/05/2018 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 20 24628/18 Ağgül v. Turkey 16/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 24651/18 Bayram v. Turkey 27/12/2017 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 24855/18 Turmuş v. Turkey 14/05/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 24900/18 Parlak v. Turkey 18/05/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 24919/18 Bozdağ v. Turkey 17/05/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 25 25066/18 Bayraktar v. Turkey 15/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 25241/18 Tekeci v. Turkey 15/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 25253/18 Mete v. Turkey 18/05/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 25788/18 Dağlı v. Turkey 23/05/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 25893/18 Eroğlu v. Turkey 28/05/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 26287/18 Oral v. Turkey 17/05/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 32414/18 Erdönmez v. Turkey 29/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 32 32451/18 Bakır v. Turkey 21/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 33 32456/18 Yiğit v. Turkey 22/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 34 32458/18 Dağdeviren v. Turkey 28/06/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 32460/18 Beydoğan v. Turkey 22/06/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 32462/18 Dalkes v. Turkey 21/06/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 32465/18 Peker v. Turkey 22/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 32850/18 Özdemir v. Turkey 02/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 32857/18 Ekicioğlu v. Turkey 26/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 32866/18 Yaylagül v. Turkey 17/05/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 41 32874/18 Kafa v. Turkey 22/06/2018 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 32887/18 Günerigök v. Turkey 05/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 32910/18 Doğan v. Turkey 02/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 44 32949/18 Kalkan v. Turkey 04/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 32964/18 Uran v. Turkey 26/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 32965/18 Erken v. Turkey 26/06/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 47 32970/18 Hasırcı v. Turkey 04/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 33003/18 Persil v. Turkey 26/06/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 33009/18 Sezer v. Turkey 02/07/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 33043/18 Harmankaya v. Turkey 26/06/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 33046/18 Erdoğdu v. Turkey 26/06/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 33078/18 Çalışkan v. Turkey 29/06/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 33156/18 Arslan v. Turkey 18/06/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 33330/18 Kablan v. Turkey 11/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 33476/18 Özbeyli v. Turkey 05/07/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 33850/18 Gezer v. Turkey 05/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 33856/18 Taç v. Turkey 03/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 33857/18 Koçlar v. Turkey 09/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 33862/18 Akbey v. Turkey 05/07/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 33972/18 Erdemir v. Turkey 28/06/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 33979/18 Uslu v. Turkey 11/05/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 34038/18 Karabulut v. Turkey 11/05/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 34091/18 Aybek v. Turkey 16/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 34180/18 Toygar v. Turkey 07/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 34184/18 Demir v. Turkey 07/07/2018 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 34190/18 Cebeci v. Turkey 03/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 34413/18 Kaplan v. Turkey 26/02/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 34499/18 Akkurt v. Turkey 11/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 34503/18 Ünal v. Turkey 13/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 34565/18 Güngör v. Turkey 17/07/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 34765/18 Gülümser v. Turkey 16/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 72 35070/18 Yıldız v. Turkey 19/07/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 35118/18 Uçar v. Turkey 10/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 35131/18 Aslan v. Turkey 06/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 35188/18 Şimşek v. Turkey 06/07/2018 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 76 35191/18 Çatal v. Turkey 07/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 35293/18 Aktaş v. Turkey 16/07/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 78 35372/18 Ilık v. Turkey 16/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 79 35427/18 Yapan v. Turkey 05/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 35479/18 Öktem v. Turkey 11/07/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 35548/18 Danış v. Turkey 18/07/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 35603/18 İşbitirici v. Turkey 13/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 35642/18 Yivli v. Turkey 20/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 35661/18 Sarıca v. Turkey 13/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 35694/18 Karagülmez v. Turkey 13/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 35944/18 İnanç v. Turkey 13/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 35958/18 Sarı v. Turkey 23/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 36107/18 Bağcı v. Turkey 24/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 89 36184/18 Çinemre v. Turkey 23/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 36236/18 Tümer v. Turkey 16/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 36275/18 Kurt v. Turkey 16/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 36369/18 Gençer v. Turkey 17/07/2018 Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 36447/18 İldiz v. Turkey 23/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 36495/18 Metin v. Turkey 16/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 36636/18 Demir v. Turkey 11/07/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 36948/18 Aslan v. Turkey 20/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 37106/18 Ayık v. Turkey 06/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 37242/18 Avcu v. Turkey 18/07/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 37271/18 Erol v. Turkey 02/08/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 100 37342/18 Üzel v. Turkey 02/08/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 37463/18 Güç v. Turkey 27/07/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 37483/18 Yılmaz v. Turkey 26/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 103 37655/18 Sözen v. Turkey 03/08/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 104 37723/18 Kambur v. Turkey 30/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 105 37749/18 Küçükkara v. Turkey 30/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 37823/18 Çoşkun v. Turkey 02/07/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 37838/18 Ulusu v. Turkey 03/08/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 108 38511/18 Gülver v. Turkey 06/08/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 109 38636/18 Şahin v. Turkey 02/08/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 38707/18 Akbacak v. Turkey 06/08/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 38766/18 Mayda v. Turkey 03/08/2018 Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 38788/18 Akın v. Turkey 06/08/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 113 38829/18 Yollu v. Turkey 30/07/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 38953/18 Karakaş v. Turkey 09/08/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 115 38978/18 Aşık v. Turkey 03/08/2018 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 39008/18 Çeken v. Turkey 09/08/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 117 39038/18 Tunç v. Turkey 03/08/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 118 39098/18 Ünal v. Turkey 11/07/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 119 41128/18 Yayla v. Turkey 09/08/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 43239/18 Tümüklü v. Turkey 08/09/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 43957/18 Akpınar v. Turkey 05/09/2018 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 122 44166/18 Karagöz v. Turkey 11/09/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 123 48613/18 Bozkurt v. Turkey 08/10/2018 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 Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 124 54403/18 Caferoğlu v. Turkey 01/11/2018 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 125 58245/18 Orhan v. Turkey 22/11/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 2270/19 Erdoğuş v. Turkey 30/11/2018 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 127 2275/19 Uludağ v. Turkey 19/12/2018 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 128 3002/19 Keser v. Turkey 27/11/2018 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 129 4188/19 Soytekin v. Turkey 11/01/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 130 11336/19 Sinoplu v. Turkey 13/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 131 11363/19 Sumeli v. Turkey 09/01/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 132 11791/19 Pala v. Turkey 20/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 11880/19 Turan v. Turkey 21/02/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 12039/19 Alaf v. Turkey 19/02/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 12177/19 Sarı v. Turkey 19/02/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 136 12465/19 Akpınar v. Turkey 15/02/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 137 12470/19 Bulut v. Turkey 22/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 12528/19 Samer v. Turkey 22/02/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 139 12701/19 Kuş v. Turkey 20/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 140 12712/19 Keskin v. Turkey 19/02/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 12789/19 Curabay v. Turkey 27/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 12817/19 Acaboğa v. Turkey 01/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 143 13014/19 Ekici v. Turkey 21/02/2019 Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 144 13028/19 Pekgenç v. Turkey 21/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 13224/19 Eken v. Turkey 26/02/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 146 13232/19 Çoban v. Turkey 06/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 14154/19 Mert v. Turkey 02/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 14269/19 Yeni v. Turkey 01/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 149 14470/19 Süt v. Turkey 28/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 14478/19 Güngöray v. Turkey 07/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 14486/19 Daştan v. Turkey 11/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 152 14500/19 Günay v. Turkey 25/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 153 14849/19 Noyan v. Turkey 01/03/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 14949/19 Biçer v. Turkey 07/03/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 15198/19 Almalıoğlu v. Turkey 28/02/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 156 15202/19 Akdın v. Turkey 07/03/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 157 15308/19 Kahraman v. Turkey 25/02/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 158 15461/19 Bilgin v. Turkey 11/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 159 15608/19 Dursun v. Turkey 30/11/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 160 15693/19 Erdoğan v. Turkey 11/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 15702/19 Keser v. Turkey 06/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 15708/19 Yıldırım v. Turkey 11/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 15732/19 Avandağ v. Turkey 01/03/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 164 15979/19 Çendek v. Turkey 18/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 165 15998/19 Erşahin v. Turkey 21/02/2019 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 16007/19 Çelik v. Turkey 15/03/2019 Delay in examination by the Constitutional Court 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 167 16685/19 Sucu v. Turkey 21/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 168 16773/19 Apacık v. Turkey 01/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 169 17210/19 Demirağ v. Turkey 14/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 170 17275/19 Karabudak v. Turkey 15/03/2019 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 171 17499/19 Bayrak v. Turkey 15/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 172 17774/19 Arvasi v. Turkey 15/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 173 18189/19 Batak v. Turkey 29/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 174 18420/19 Demirci v. Turkey 15/03/2019 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 175 18424/19 Köse v. Turkey 12/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 176 18452/19 Soykan v. Turkey 29/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 177 18475/19 Özer v. Turkey 26/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 178 18486/19 Macit v. Turkey 21/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 179 18571/19 Uray v. Turkey 22/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 180 18628/19 Yavuz v. Turkey 26/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 18747/19 Sertçe v. Turkey 25/03/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 182 18779/19 Arık v. Turkey 28/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 183 18783/19 Dikayak v. Turkey 29/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 19083/19 Diker v. Turkey 20/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 185 21537/19 Uzal v. Turkey 29/03/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 22882/19 Yiğit v. Turkey 17/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 187 37282/19 Akay v. Turkey 02/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 188 46761/19 Akdemir v. Turkey 02/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 47604/19 Yıldırım v. Turkey 21/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 50745/19 Can v. Turkey 05/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 50842/19 Çöpcü v. Turkey 27/08/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 192 52327/19 Yeşilbaş v. Turkey 03/09/2019 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 193 59970/19 Karakurt v. Turkey 07/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 194 64001/19 Öğe v. Turkey 29/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 7005/20 Cuma v. Turkey 17/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 196 7583/20 Çetin v. Turkey 27/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 197 30992/20 Tatoğlu v. Turkey 06/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 198 55322/20 Uçar v. Turkey 11/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion