CEDH · CASELAW;COMMUNICATEDCASES;ENG — 25 mars 2024

.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 } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 15 April 2024   SECOND SECTION Applications nos. 1046/23 and 2495/23 Özkan BAĞIRAN against Türkiye and Yusuf YILDIRIM against Türkiye lodged on 12 December 2022 and 12 December 2022 respectively communicated on 25 March 2024 SUBJECT MATTER OF THE CASE The applications concern an alleged violation of the applicants’ right of access to a court on account of the Constitutional Court’s decision to declare their individual applications inadmissible due to their failure to comply with the thirty-day time-limit. On 3 October 2019 the Konya Assize Court convicted the applicants, co ‑ defendants in the same set of proceedings, of intentional homicide and sentenced them each to twenty-five years’ imprisonment. On 30 September 2021 the Court of Cassation upheld the Assize Court’s judgment which was pronounced in the presence of the applicants’ lawyer. On 22 July 2022 the Constitutional Court declared their respective individual applications, lodged on 25 October 2021, inadmissible for having been lodged out of the time-limit of thirty days from the notification of the final decision. In its decision the Constitutional Court indicated that the applicants’ lawyer had gained knowledge of the final decision through the National Judiciary Network Platform (“UYAP”) on 18   March 2021. The applicants, arguing that they lodged their individual applications with the Turkish Constitutional Court within the statutory time-limit, complain under Article 6 § 1 of the Convention that their right of access to a court has been breached.   QUESTION TO THE PARTIES Did the applicants have a fair hearing in the determination of the criminal charges against them in accordance with Article 6 § 1 of the Convention? In particular, has there been a violation of the applicants’ right of access to a court as a result of the application by the Turkish Constitutional Court of procedural rules prescribing the time-limit for lodging an individual application in an erroneous manner (see Šimecki v.   Croatia , no. 15253/10, §§   42-47, 30 April 2014)?   The Government are invited to submit all relevant documents concerning the applicants’ case.