Communicated on 13 December 2018
SECOND SECTION
Application no. 47355/11
Ramazan AYDIN
against Turkey
lodged on 10 May 2011
SUBJECT MATTER OF THE CASE
The application mainly concerns the alleged unfairness of the criminal proceedings due to the systemic restriction imposed on the applicant’s right of access to a lawyer during the pre-trial stage pursuant to Law no. 3842 and the subsequent use by the trial court of statements allegedly obtained under duress and in the absence of a lawyer to convict him (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008; Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, 13 September 2016; and Özcan Çolak v. Turkey, no. 30235/03, §§ 47-50, 6 October 2009).
The application also involves the applicant’s complaint that he was not informed of the right to remain silent and the right to a lawyer in the course of the preliminary investigation (see Titarenko v. Ukraine, no. 31720/02, §§ 87-88, 20 September 2012, and Navone and Others v. Monaco, nos. 62880/11 and 2 others, 24 October 2013).
It further relates to the applicant’s alleged inability to examine or have examined the witnesses against him (see Schatschaschwili v. Germany [GC], no. 9154/1
