CEDH · CASELAW;COMMUNICATEDCASES;ENG — 17 octobre 2022

.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 } .sFF075836 { margin-right:7.05pt; margin-left:7.05pt; border-collapse:collapse; } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .sEDC5336B { margin-top:0pt; margin-bottom:0pt; page-break-inside:avoid; page-break-after:avoid; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .s32563E28 { margin-top:0pt; margin-bottom:0pt } Published on 7 November 2022   SECOND SECTION Application no. 46997/17 Adem GÜMÜŞ against Türkiye and 152 other applications (see list appended) communicated on 17 October 2022 SUBJECT MATTER OF THE CASE The applications mainly concern the applicants’ arrest and pre-trial detention, on suspicion of membership of FETÖ/PDY (an organisation described by the Turkish authorities as “Fetullahist Terror 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 of 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”, for the purposes of Article 5 § 1 (c) of the Convention, 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 (see, in particular, Baş v. Turkey , no. 66448/17, § 185, 3   March 2020)?   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 (see, in particular, Baş , cited above, §§ 212-214, and Kocamış and Kurt v. Turkey , no. 227/13, §§ 34-35, 25 January 2022); (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 (see, inter alia , Ceviz v. Turkey , no. 8140/08, § 41, 17 July 2012); (iii)     their objections to their detention had not been examined or had been examined belatedly (see, for example, Shannon v. Latvia , no.   32214/03, §§   67-74, 24 November 2009); (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 (compare, for example, Voskuil v.   the   Netherlands , no. 64752/01, § 83, 22 November 2007); (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 (see, mutatis mutandis , Černák v.   Slovakia , no.   36997/08, § 78, 17 December 2013); (vi)     the time taken by the Constitutional Court to examine their individual applications had been protracted (compare for the principles Kavala v.   Turkey , no. 28749/18, §§ 181-184, 10 December 2019).   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 (compare, for example, Hebat Aslan and Firas Aslan v.   Turkey , no.   15048/09, §§ 92-93, 28 October 2014)?   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 ( Kocamış and Kurt , cited above, §§ 36-40)?     APPENDIX List of applications   No. App. no. Case name Date of introduction Complaints 1. 46997/17 Gümüş v. Türkiye 27/02/2017 Lack of reasonable suspicion   2. 62892/17 Çelenli v. Türkiye 27/06/2017 Lack of reasonable suspicion   3. 72761/17 Şahin v. Türkiye 26/09/2017 Lack of reasonable suspicion Restriction of access to the investigation file Lack/difficulties of legal assistance/other facilities 4. 14646/18 Doğangün v. Türkiye 09/03/2018 Lack of reasonable suspicion   5. 25922/18 Uzun v. Türkiye 11/05/2018 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 6. 42811/18 Tuğ v. Türkiye 27/08/2018 Lack of reasonable suspicion   7. 45445/18 Akgün v. Türkiye 07/09/2018 Lack of reasonable suspicion Delay in examination by the Constitutional Court 8. 47681/18 Saray v. Türkiye 04/09/2018 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 9. 49217/18 Çekiç v. Türkiye 24/09/2018 Restriction of access to the investigation file 10. 57217/18 Tekin v. Türkiye 16/11/2018 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention       11. 3467/19 Özbey v. Türkiye 27/12/2018 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 12. 8045/19 Yayman v. Türkiye 04/01/2019 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 13. 15780/19 Karaman v. Türkiye 01/03/2019 Lack of reasonable suspicion 14. 19135/19 Gülak v. Türkiye 22/03/2019 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 15. 24217/19 Taşkın v. Türkiye 10/04/2019 Lack of reasonable suspicion 16. 25248/19 Taşkın v. Türkiye 16/04/2019 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Delay in examination by the Constitutional Court 17. 30883/19 Ayar v. Türkiye 30/05/2019 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 18. 35143/19 Öksüz v. Türkiye 19/06/2019 Lack of reasonable suspicion 19. 44360/19 Ergitürk v. Türkiye 08/08/2019 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 20. 46997/19 Mengirkaon v. Türkiye 19/08/2019 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 21. 51126/19 Kale v. Türkiye 15/09/2019 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 22. 53150/19 Çiydem v. Türkiye 17/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention   23. 53570/19 Dönmez v. Türkiye 13/09/2019 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention       24. 62097/19 Çeltekli v. Türkiye 20/11/2019 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 25. 12023/20 Özdemir v. Türkiye 28/02/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention   26. 19197/20 Gül v. Türkiye 27/04/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 27. 23386/20 Aktaş v. Türkiye 14/05/2020 Lack of reasonable suspicion   28. 25724/20 Özay v. Türkiye 15/06/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention   29. 27345/20 Hasyiğit v. Türkiye 29/06/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 30. 27634/20 Ünlü v. Türkiye 09/06/2020 Lack of hearing during the detention review 31. 27850/20 Çakar v. Türkiye 29/06/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 32. 29974/20 Yıldız v. Türkiye 12/07/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review 33. 32052/20 Acar v. Türkiye 06/07/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion   34. 32540/20 Kalkan v. Türkiye 28/07/2020 Lack of hearing during the detention review Failure/delay in examining requests for release/objection 35. 34462/20 Özay v. Türkiye 17/07/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in examining requests for release /objection 36. 34890/20 Arikan v. Türkiye 10/08/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 37. 35863/20 Dikici v. Türkiye 08/07/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 38. 37167/20 Başaran v. Türkiye 19/08/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack/difficulties of legal assistance/other facilities 39. 38118/20 Orbuk v. Türkiye 20/08/2020 Failure to communicate the prosecutor’s opinion 40. 38355/20 Tokuç v. Türkiye 19/08/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 41. 41543/20 Kaynarcı v. Türkiye 03/09/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 42. 42818/20 Bozkan v. Türkiye 09/09/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 43. 43008/20 Acar v. Türkiye 11/09/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Delay in examination by the Constitutional Court 44. 43634/20 Ünal v. Türkiye 17/09/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion 45. 44227/20 Deniz v. Türkiye 29/09/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention   46. 44428/20 Yılmaz v. Türkiye 23/09/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention       47. 44961/20 Yıldız v. Türkiye 29/09/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 48. 46355/20 İnkaya v. Türkiye 05/10/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 49. 46565/20 Saçkan v. Türkiye 15/10/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 50. 46580/20 Keserci v. Türkiye 07/10/2020 Lack of reasonable suspicion 51. 46894/20 Çelik v. Türkiye 18/10/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 52. 47621/20 Güney v. Türkiye 21/10/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 53. 48662/20 Ercan v. Türkiye 22/10/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 54. 49051/20 Cengiz v. Türkiye 05/10/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 55. 49996/20 Kılıç v. Türkiye 03/11/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review 56. 50471/20 Cengiz v. Türkiye 30/10/2020 Lack of reasonable suspicion   57. 51544/20 Yıldız v. Türkiye 20/11/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review   58. 51767/20 Sarı v. Türkiye 09/11/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention   59. 54575/20 Yayla v. Türkiye 26/11/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 60. 55482/20 Şimşek v. Türkiye 26/11/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 61. 55508/20 Dağlı v. Türkiye 01/12/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 62. 1432/21 Tekin v. Türkiye 17/12/2020 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 63. 1489/21 Tahsin v. Türkiye 28/12/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 64. 2070/21 Yılmaz v. Türkiye 23/12/2020 Lack of reasonable suspicion   65. 2103/21 Coşkun v. Türkiye 02/12/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 66. 3037/21 Kızılateş v. Türkiye 29/12/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 67. 4793/21 Petek v. Türkiye 30/12/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review 68. 5312/21 Şahin v. Türkiye 05/01/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 69. 5322/21 Vural v. Türkiye 05/01/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file 70. 7415/21 Durmuş v. Türkiye 21/01/2021 Lack of reasonable suspicion 71. 10055/21 Merdivan v. Türkiye 12/02/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 72. 10496/21 Yılmaz v. Türkiye 02/02/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for release /objection 73. 10570/21 Aldemir v. Türkiye 05/02/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 74. 12994/21 Şeker v. Türkiye 22/02/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention 75. 13133/21 Arslan v. Türkiye 11/12/2020 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 76. 13144/21 İnanç v. Türkiye 23/02/2021 Failure to communicate the prosecutor’s opinion 77. 16765/21 Karapınar v. Türkiye 18/03/2021 Lack of hearing during the detention review 78. 17904/21 Şekerci v. Türkiye 05/03/2021 Lack of reasonable suspicion   79. 22164/21 Kesik v. Türkiye 31/03/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review No effective remedy for compensation 80. 22579/21 Babalı v. Türkiye 19/02/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Delay in examination by the Constitutional Court 81. 22855/21 Baysal v. Türkiye 27/04/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review   82. 27427/21 Çalışır v. Türkiye 06/05/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention     83. 29495/21 Tanrıkulu v. Türkiye 31/05/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 84. 30632/21 Yaradanakul v. Türkiye 09/06/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 85. 31787/21 Koyuncu v. Türkiye 11/06/2021 Lack of hearing during the detention review 86. 33491/21 Çarık v. Türkiye 17/06/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention 87. 36518/21 Dikmen v. Türkiye 08/07/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 88. 38126/21 Yıldız v. Türkiye 24/06/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 89. 38520/21 Yılmaz v. Türkiye 29/06/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 90. 38708/21 Bacak v. Türkiye 29/06/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court 91. 39518/21 Yılmaz v. Türkiye 18/06/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file   92. 41652/21 Gölcü v. Türkiye 13/08/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion Lack/difficulties of legal assistance/other facilities   93. 48380/21 Cesur v. Türkiye 24/09/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 94. 49294/21 Gökçelik v. Türkiye 17/09/2021 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court 95. 50441/21 Cevheroğlu v. Türkiye 28/09/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 96. 51131/21 Öztürk v. Türkiye 07/10/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 97. 51294/21 Özkan v. Türkiye 06/10/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention   98. 51434/21 Sezgin v. Türkiye 06/10/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure to communicate the prosecutor’s opinion 99. 51815/21 Dombaycı v. Türkiye 13/10/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file   100. 55809/21 Çelik v. Türkiye 28/10/2021 Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for release /objection   101. 56329/21 Yılmaz v. Türkiye 10/11/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention   102. 57018/21 İyiiş v. Türkiye 12/11/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 103. 57556/21 Demirkart v. Türkiye 05/11/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention           104. 58213/21 Aydoğan v. Türkiye 17/11/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for release /objection Failure to communicate the prosecutor’s opinion   105. 58963/21 Demir v. Türkiye 24/11/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion   106. 59124/21 Karagöz v. Türkiye 26/11/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in examining requests for release /objection 107. 59136/21 Bozkurt v. Türkiye 18/11/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 108. 59143/21 Fırat v. Türkiye 30/11/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention   109. 60036/21 Güleryüz v. Türkiye 23/11/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 110. 60790/21 Beydilli v. Türkiye 09/12/2021 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court 111. 152/22 Kalın v. Türkiye 21/12/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention   112. 217/22 Sirkecioğlu v. Türkiye 24/12/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file 113. 222/22 Özcan v. Türkiye 24/12/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention     114. 345/22 Bayçöl v. Türkiye 30/12/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 115. 1332/22 Damar v. Türkiye 24/12/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file 116. 1645/22 Bulut v. Türkiye 09/11/2021 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 117. 1895/22 Tuncer v. Türkiye 15/12/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 118. 2327/22 Güzel v. Türkiye 23/12/2021 Lack of reasonable suspicion   119. 2408/22 Özcan v. Türkiye 30/12/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 120. 3026/22 Gün v. Türkiye 21/12/2021 Lack of reasonable suspicion 121. 3065/22 İnan v. Türkiye 15/12/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 122. 3432/22 Şeker v. Türkiye 22/12/2021 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 123. 3615/22 Demirtaş v. Türkiye 13/01/2022 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention   124. 3729/22 Gençer v. Türkiye 14/01/2022 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention   125. 3745/22 Özer v. Türkiye 03/01/2022 Lack of reasonable suspicion 126. 4568/22 Sipahi v. Türkiye 07/01/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention   127. 4996/22 Aşkın v. Türkiye 31/12/2021 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion 128. 5891/22 Zengin v. Türkiye 21/01/2022 Lack of reasonable suspicion 129. 6279/22 Bulut v. Türkiye 28/01/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 130. 6448/22 Uçar v. Türkiye 19/01/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor’s opinion Delay in examination by the Constitutional Court 131. 7170/22 Kiriş v. Türkiye 19/01/2022 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review 132. 7576/22 Beceren v. Türkiye 02/02/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 133. 7577/22 Boztürk v. Türkiye 02/02/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 134. 7583/22 Er v. Türkiye 02/02/2022 Lack of reasonable suspicion 135. 7584/22 Deveci v. Türkiye 02/02/2022 Lack of reasonable suspicion     136. 8993/22 Kocaoğlu v. Türkiye 04/02/2022 Lack of reasonable suspicion Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention 137. 8999/22 Ulukaya v. Türkiye 04/02/2022 Restriction of access to the investigation file Failure/delay in examining requests for release /objection Lack/difficulties of legal assistance/other facilities     138. 9101/22 Aşır v. Türkiye 08/02/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 139. 9653/22 Armutcu v. Türkiye 26/01/2022 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in examining requests for release /objection 140. 9675/22 Yağcı v. Türkiye 10/02/2022 Lack of reasonable suspicion Failure to communicate the prosecutor’s opinion 141. 9931/22 Kılıç v. Türkiye 18/02/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file 142. 10501/22 Üzümcü v. Türkiye 28/01/2022 Lack of reasonable suspicion 143. 10611/22 Sarıcı v. Türkiye 24/01/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 144. 11504/22 Bulduk v. Türkiye 21/02/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention 145. 12356/22 Hepgül v. Türkiye 17/02/2022 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention 146. 12952/22 Başbilen v. Türkiye 28/02/2022 Lack of reasonable suspicion Lack of hearing during the detention review 147. 13098/22 Şeker v. Türkiye 09/03/2022 Lack of reasonable suspicion   148. 13619/22 Yıldırım v. Türkiye 03/03/2022 Lack of reasonable suspicion Lack of relevant and sufficient reasons for detention               149. 14013/22 Kondu v. Türkiye 14/03/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention   150. 14678/22 Altın v. Türkiye 11/03/2022 Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention   151. 15013/22 Mercan v. Türkiye 21/03/2022 Lack of reasonable suspicion Lack of hearing during the detention review 152. 15970/22 Karagöl Kiyat v. Türkiye 09/03/2022 Lack of reasonable suspicion   153. 16638/22 Çankal v. Türkiye 16/02/2022 Failure/delay in examining requests for release /objection