Communicated on 28 March 2019
SECOND SECTION
Application no. 29386/09
Hamdi AKIN
against Turkey
lodged on 6 May 2009
SUBJECT MATTER OF THE CASE
The application concerns the alleged prejudice to the applicant’s right to a fair trial under Article 6 § 1 of the Convention taken in conjunction with Article 6 § 3 (b) due to alleged non-communication of the reasoned judgment of the trial court to his lawyer.
QUESTIONS tO THE PARTIES
Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention? In particular, was the reasoned judgment of the Ankara Enforcement Court related to criminal matters (Ankara İcra Ceza Hakimliği) dated 4 December 2008 served on the applicant’s lawyer as required by the domestic law? If not, was the applicant afforded adequate time and facilities to prepare his defence, as required by Article 6 § 3 (b) of the Convention? Were the applicant’s defence rights unduly affected by the non-notification of the reasoned judgment of the trial court under Article 6 § 1 of the Convention taken in conjunction with Article 6 § 3 (b) of the Convention (see, mutatis mutandis, Baucher v. France, no. 53640/00, §§ 46‑51, 24 July 2007, and Zoon v. the Netherlands, no. 29202/95, §§ 39‑51, ECHR 2000‑XII)?
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