Communicated on 16 April 2018
SECOND SECTION
Applications nos. 19434/10 and 30841/10
Murat ASLAN against Turkey
and Fahri ARCAGÖK against Turkey
lodged on 24 March 2010 and 21 May 2010 respectively
SUBJECT MATTER OF THE CASE
The applications concern the alleged unfairness of the criminal proceedings due to the systemic restriction imposed on the applicants’ 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 those statements taken in the absence of a lawyer (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016).
QUESTION tO THE PARTIES
1. Did the applicants have a fair hearing in the determination of the criminal charges against themselves, in accordance with Article 6 § 1 of the Convention? In particular, has there been a breach of Article 6 § 3 (c) of the Convention, as a result of the lack of legal assistance available to the applicants during the preliminary investigation (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and İbrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016)?
The Government are invited to submit copies of all the relevant documents concerning the applicants’ case, including but not limited to the minutes of all the hearings, documentary evidence against the applicants and the reasoned judgments, the applicants’ and their lawyers’ written submissions both before the trial court and before the Court of Cassation.
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