CEDHCASELAW;COMMUNICATEDCASES;ENG
CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 novembre 2021
- ECLI
- ECLI:CEDH:001-214426
- 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. 56211/19 Enes MANAV against Turkey and 214 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 56211/19 Manav v. Turkey 02/10/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 56248/19 Kama v. Turkey 30/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 3 56255/19 Polat v. Turkey 01/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 56429/19 Kahya v. Turkey 08/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 56516/19 Aydın v. Turkey 16/10/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 6 56639/19 Demirci v. Turkey 15/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 7 56685/19 Bilgin v. Turkey 11/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 56701/19 Yiğit v. Turkey 17/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 9 56887/19 Sarıdoğan v. Turkey 16/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 10 56917/19 Koçak v. Turkey 16/10/2019 Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 11 56973/19 Üstün v. Turkey 10/10/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 12 57133/19 Dikik v. Turkey 17/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 57319/19 Kazancı v. Turkey 09/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   14 57452/19 Öztürk v. Turkey 10/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 57477/19 Kılıç v. Turkey 31/10/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 57578/19 Gökcen v. Turkey 24/10/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 57733/19 İlerde v. Turkey 04/10/2019 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 No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 18 57954/19 Demiroğlu v. Turkey 18/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 19 58352/19 Öztürk v. Turkey 30/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 20 58611/19 Aksu v. Turkey 07/11/2019 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 21 58696/19 Güngör v. Turkey 28/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 58724/19 Karaduman v. Turkey 24/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 58781/19 Yılmaz v. Turkey 25/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 58851/19 Karaaslan v. Turkey 24/10/2019 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 25 58859/19 Dikbaş v. Turkey 24/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 58963/19 Köseoğlu v. Turkey 31/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion     27 59183/19 Keleş v. Turkey 25/10/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 59379/19 Kaya v. Turkey 01/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 59512/19 Düzgün v. Turkey 08/11/2019 Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 30 59544/19 Aktürk v. Turkey 06/11/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 59740/19 Aydemir v. Turkey 06/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 32 59756/19 Daşdemir v. Turkey 05/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 33 59874/19 Kef v. Turkey 05/11/2019 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 34 60015/19 Beyaz v. Turkey 18/10/2019 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention 35 60692/19 Ayhan v. Turkey 05/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 60694/19 Yıldırım v. Turkey 12/11/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 60999/19 Kuş v. Turkey 14/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 61139/19 Atlı v. Turkey 18/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 61159/19 Yılmaz v. Turkey 11/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 61359/19 Pehlivan v. Turkey 08/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 41 61683/19 Ataç v. Turkey 05/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   42 61722/19 Ayday v. Turkey 12/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 61764/19 Akkoyunlu v. Turkey 14/11/2019 Delay in examination by the Constitutional Court 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 44 61855/19 Avcı v. Turkey 13/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 61862/19 Özbek v. Turkey 22/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 61865/19 Evmez v. Turkey 15/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 62022/19 Yazıcı v. Turkey 30/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 62049/19 Sancar v. Turkey 18/11/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 62321/19 Ünüvar v. Turkey 22/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 62362/19 Şamasas v. Turkey 13/11/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 62539/19 Satılmış v. Turkey 19/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 62557/19 Doğan v. Turkey 21/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 62588/19 Onbaşı v. Turkey 15/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 62709/19 Kayaalp v. Turkey 29/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 62942/19 Ulus v. Turkey 27/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 62997/19 Kaya v. Turkey 15/11/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 63017/19 Ala v. Turkey 20/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion   58 63027/19 Arslan v. Turkey 18/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 63342/19 Gündoğdu v. Turkey 14/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 60 63518/19 Temür v. Turkey 26/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 63895/19 Şimşek v. Turkey 27/11/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 63900/19 Karakoç v. Turkey 27/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 64491/19 Bulut v. Turkey 27/11/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 64677/19 Şen v. Turkey 03/12/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 64705/19 Şahin v. Turkey 29/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 64710/19 Toprak v. Turkey 27/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 64712/19 Yükleyen v. Turkey 04/12/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 64777/19 Çetinkaya v. Turkey 03/12/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 69 64922/19 Kızılkaya v. Turkey 27/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 64984/19 Kaya v. Turkey 03/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 65131/19 Şahin v. Turkey 22/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion         72 2/20 Altıntaş v. Turkey 08/11/2019 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 73 4/20 Avcı v. Turkey 19/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 290/20 Danacı v. Turkey 10/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 386/20 Azgün v. Turkey 18/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 76 503/20 Çıtanak v. Turkey 10/12/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 640/20 Akyüz v. Turkey 19/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 1114/20 Buzdağ v. Turkey 10/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 79 1150/20 Polat v. Turkey 12/12/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 1158/20 Kart v. Turkey 19/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 1294/20 Nergiz v. Turkey 19/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 1312/20 Yorulmaz v. Turkey 11/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 1383/20 Yılmazer v. Turkey 17/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 1491/20 Özkan v. Turkey 20/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 1575/20 Doğan v. Turkey 19/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 1950/20 Zincirkıran v. Turkey 18/12/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 2116/20 Erten v. Turkey 26/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 2135/20 Aktürk v. Turkey 26/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 89 2149/20 Şanaral v. Turkey 27/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 2239/20 Al v. Turkey 19/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 2243/20 Sünbül v. Turkey 24/12/2019 Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 92 2456/20 Gülbahar v. Turkey 25/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 2467/20 Saygın v. Turkey 26/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 2525/20 Akdoğan v. Turkey 27/12/2019 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 95 2599/20 Toprak v. Turkey 12/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 2658/20 Ensaroğlu v. Turkey 25/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 2939/20 Öztürk v. Turkey 26/12/2019 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 98 3039/20 Öztoprak v. Turkey 30/12/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 3176/20 Topuz v. Turkey 31/12/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 100 3390/20 Nefesli v. Turkey 31/12/2019 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 101 3405/20 Gün v. Turkey 31/12/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 3406/20 Atalay v. Turkey 31/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 103 3681/20 Kanat v. Turkey 02/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion     104 3726/20 Ceylan v. Turkey 05/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 105 4135/20 Yılmaz v. Turkey 02/01/2020 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 106 4170/20 Gürpınar v. Turkey 02/01/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 4202/20 Börk v. Turkey 07/01/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 108 4403/20 Öztaş v. Turkey 07/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 109 4405/20 Hakkıoğlu v. Turkey 08/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 4408/20 Çelik v. Turkey 08/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 4418/20 Deniz v. Turkey 06/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 4432/20 Erdoğan v. Turkey 06/01/2020 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 113 4436/20 Özkay v. Turkey 08/01/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 4720/20 Metin v. Turkey 03/10/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention 115 5138/20 Arslan v. Turkey 10/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 5223/20 Akgül v. Turkey 10/01/2020 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 117 5246/20 Dedeli v. Turkey 16/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 118 5458/20 Çavdar v. Turkey 09/01/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 119 5497/20 Bilgili v. Turkey 27/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 5503/20 Dündar v. Turkey 09/01/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 5534/20 Yılmaz v. Turkey 20/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 122 5598/20 Özlü v. Turkey 15/01/2020 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 123 5612/20 İslam v. Turkey 21/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 124 5769/20 Türkhan v. Turkey 19/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 125 5778/20 Aktaş v. Turkey 24/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 5974/20 Taş v. Turkey 22/01/2020 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 127 6016/20 Tınmaz v. Turkey 15/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 128 6055/20 M.A.A. v. Turkey 14/01/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 129 6063/20 Benli v. Turkey 17/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 130 6344/20 Ertuğrul v. Turkey 10/01/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 131 6352/20 Kuşca v. Turkey 06/01/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 6392/20 Arat v. Turkey 07/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 6566/20 Tat v. Turkey 26/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion     134 6911/20 Akdağ v. Turkey 31/12/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 135 7085/20 Karaçoban v. Turkey 20/01/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 136 7096/20 Albayrak v. Turkey 16/01/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 137 7112/20 Delice v. Turkey 09/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 7142/20 Ünal v. Turkey 16/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 139 7444/20 Özübek v. Turkey 17/01/2020 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 140 7453/20 Uçkun v. Turkey 20/01/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 7480/20 Orhanlı v. Turkey 15/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 7545/20 Kaplan v. Turkey 29/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 143 7552/20 Nefes v. Turkey 23/01/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 144 7705/20 Kaynar v. Turkey 24/01/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 7826/20 Temiz v. Turkey 17/01/2020 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     146 7841/20 Dalkılıç v. Turkey 23/01/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 7932/20 Demirhan v. Turkey 10/01/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 7960/20 Küçükkılınç v. Turkey 22/01/2020 Lack of relevant and sufficient reasons for detention Failure/Delay in examining requests for enlargement/objection Lack of reasonable suspicion 149 8050/20 Erarslan v. Turkey 22/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 8054/20 Yurdusev v. Turkey 22/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 8068/20 Aydın v. Turkey 23/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 152 8094/20 Patırgan v. Turkey 27/01/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 153 8117/20 Yılmaz v. Turkey 28/01/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 9247/20 Everan v. Turkey 04/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 9255/20 Sakarya v. Turkey 05/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 156 9257/20 Demir v. Turkey 30/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 157 9406/20 Işıtan v. Turkey 28/01/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 158 9462/20 Çayıroğlu v. Turkey 05/02/2020 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 159 9999/20 Sunar v. Turkey 31/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 160 10100/20 Bilgin v. Turkey 03/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 10697/20 Eyilcim v. Turkey 06/02/2020 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 162 10748/20 Toprak v. Turkey 07/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 10913/20 Arabacı v. Turkey 11/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 164 11249/20 Kaya v. Turkey 18/02/2020 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 165 11252/20 Kahriman v. Turkey 17/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 11347/20 Günarslan v. Turkey 13/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 167 11371/20 Avan v. Turkey 12/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 168 11432/20 Uçar v. Turkey 13/02/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 169 11450/20 Keleş v. Turkey 14/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 170 11482/20 Öztürk v. Turkey 14/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 171 11493/20 Bozkurt v. Turkey 14/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 172 11495/20 Ortabakan v. Turkey 06/02/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 173 11568/20 Tekinasa v. Turkey 17/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 174 11576/20 Coşkun v. Turkey 13/02/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion           175 12003/20 Taşdelen v. Turkey 12/02/2020 Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 176 12232/20 Akbaba v. Turkey 13/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 177 12495/20 Orcan v. Turkey 19/02/2020 Lack of relevant and sufficient reasons for detention Failure/Delay in examining requests for enlargement/objection Lack of reasonable suspicion 178 12631/20 Yolcu v. Turkey 20/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 179 12694/20 Türkoğlu v. Turkey 26/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 180 12779/20 Kılıçarslan v. Turkey 26/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 12812/20 Karazeybek v. Turkey 27/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 182 12837/20 Canöz v. Turkey 03/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 183 13036/20 Ergun v. Turkey 05/02/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 13045/20 Temel v. Turkey 08/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 185 13273/20 Bayraktar v. Turkey 25/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 13368/20 Zıraplı v. Turkey 26/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 187 13436/20 Bayraktaroğlu v.   Turkey 22/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 188 13521/20 Çetin v. Turkey 05/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 13598/20 Ergin v. Turkey 30/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 13667/20 Abra v. Turkey 26/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 13700/20 Mermer v. Turkey 05/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 192 13767/20 Kocadiz v. Turkey 28/02/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 193 13866/20 Örnek v. Turkey 05/03/2020 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 194 14377/20 Şen v. Turkey 12/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 14436/20 Aktaş v. Turkey 04/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 196 14442/20 Oruç v. Turkey 08/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 197 14788/20 Ekmekçi v. Turkey 07/02/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 198 14789/20 Yılmaz v. Turkey 14/02/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 199 14790/20 Kargın v. Turkey 28/02/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 200 14804/20 Öktem v. Turkey 06/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 201 14832/20 Atıcı v. Turkey 03/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 202 14838/20 Çinar v. Turkey 04/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 203 14839/20 Ceylan v. Turkey 28/02/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 204 14902/20 Bilgin v. Turkey 11/03/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 205 14930/20 Civan v. Turkey 06/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 206 14940/20 Akkuş v. Turkey 11/03/2020 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 207 14946/20 Alboga v. Turkey 11/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 208 15015/20 Polat v. Turkey 04/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 209 15018/20 Vuruşkan v. Turkey 16/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 210 15020/20 Emre v. Turkey 19/02/2020 Lack of relevant and sufficient reasons for detention Failure/Delay in examining requests for enlargement/objection Lack of reasonable suspicion 211 15026/20 Yıldırım v. Turkey 05/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 212 15029/20 Aktaş v. Turkey 26/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 213 15079/20 Berber v. Turkey 28/02/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 214 15146/20 Malkoçoğlu v. Turkey 09/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 215 15172/20 Özçelik v. Turkey 06/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion    Citations
Aucune citation répertoriée pour cette décision.
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Aucune décision similaire identifiée pour le moment.
Synthèse
- Juridiction
- CEDH
- Chambre
- CASELAW;COMMUNICATEDCASES;ENG
- Date
- 23 novembre 2021
- Matière
- droits fondamentaux
Référence
ECLI:CEDH:001-214426
Données disponibles
- Texte intégral
- Résumé officiel