Published on 14 June 2021
SECOND SECTION
Application no. 6571/17
Murat AYDIN against Turkey
and 151 other applications
(see list appended)
communicated on 25 May 2021
SUBJECT MATTER OF THE CASE
The applications mainly concern the arrest and pre-trial detention of the applicants, who were all judges or prosecutors at the material time, on suspicion of membership of FETÖ/PDY (Fetullahist Terrorist Organisation / Parallel State Structure), in the aftermath of the attempted coup d’état which took place on 15 July 2016.
Relying on Article 5 of the Convention, the applicants raise the following complaints (see the appended table for detailed information as to the specific complaints raised by each applicant):
- They were detained on remand in breach of the procedural guarantees provided in domestic law for judges and prosecutors;
- 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 restricted and monitored by the prison authorities;
- The time taken by the Constitutional Court to conduct its examination on their individual applications was excessive;
- There was no remedy available to them to obtain compensation for the alleged breach of their rights under Article 5.
Relying on Article 8 of the Convention, some of the applicants also complain that the searches conducted by the authorities in their homes and offices were unlawful.
QUESTIONS TO THE PARTIES
On the basis of the complaints communicated in accordance with the list in the AppendixComplaints under Article 5 of the Convention
1. (a) Did the applicants’ pre-trial detention take place “in accordance with the procedure prescribed by law”, in view of the procedural guarantees provided to the judges and prosecutors by the domestic law?
(b) Can the applicants be considered to have been detained on the basis of “a reasonable suspicion” 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?
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)?
The Government are invited to provide sample decisions to demonstrate whether the remedy under Article 141 § 1(d) of the Code of Criminal Procedure has been interpreted and applied by the national courts in a manner that extends to complaints concerning the lack of relevant and sufficient reasons to justify pre-trial detention.
(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 a 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:
(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;
(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;
(iii) their objections to their detention had not been examined or had been examined belatedly;
(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;
(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 restricted and monitored;
(vi) the time taken by the Constitutional Court to examine their individual applications had been protracted.
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 absence of a reasonable suspicion regarding the commission of a criminal offence; (ii) the unlawfulness of the arrest and pre-trial detention; (iii) the lack of an oral hearing during the review of detention; (iv) the non‑notification or belated notification of the detention decision; (v) the lack of or delay in the examination of the objection against detention by the magistrates’ courts?
The Government are invited to provide sample domestic court decisions in support of their reply.
5. Did the applicants have, as required by Article 5 § 5 of the Convention, an effective and enforceable right in court to obtain compensation for their detention, which they consider to have been contrary to Article 5 §§ 1, 3 and 4?Complaints under Article 8 of the Convention
6. Taking into consideration the searches carried out by the authorities in the applicants’ homes and offices (applications nos. 8335/20, 11664/20, 12883/20, 16039/20, 16141/20, 16243/20, 17012/20, 21020/20, 21061/20, 21551/20, 22243/20, 30003/20, 34445/20, 38305/20, 43083/20, 9539/21):
(a) Was there an interference with the applicants’ right to respect for their private life and home and was that interference in accordance with the law and necessary in terms of Article 8 of the Convention?
(b) Was the compensation remedy provided under Article 141 of the Code of Criminal Procedure an effective one in respect of the applicants’ complaints under Article 8 of the Convention?
The Government are invited to provide copies of decisions awarding compensation in cases raising similar issues.
APPENDIX
No.
Application no.
Case title
Date of Intro
Complaints
1
6571/17
Aydın v. Turkey
11/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
2
14347/17
Ayvaz v. Turkey
27/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure/delay in communicating decisions relating to detention
3
41660/17
Uslu v. Turkey
17/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/delay in examining requests for enlargement/objection
4
45007/17
Çağlıyan v. Turkey
03/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure/delay in examining requests for enlargement/objection
Failure to communicate the prosecutor’s opinion
5
49743/17
Şahin v. Turkey
27/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
6
49752/17
Özgür v. Turkey
06/06/2017
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure/delay in examining requests for enlargement/objection
Lack/difficulties of legal assistance/other facilities
7
60287/17
Varol v. Turkey
30/06/2017
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
8
63687/17
Sepetler v. Turkey
09/06/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
9
63880/17
Kalkan v. Turkey
20/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
10
66693/17
Özdemir v. Turkey
05/06/2017
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 enlargement/objection
11
79841/17
Balkaya v. Turkey
27/10/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/delay in examining requests for enlargement/objection
12
81722/17
Baklacı v. Turkey
19/09/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/delay in examining requests for enlargement/objection
Delay in examination by the Constitutional Court
13
83091/17
Karakuş v. Turkey
15/06/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Failure/delay in communicating decisions relating to detention
14
1598/18
Bildiren v. Turkey
08/12/2017
Failure to comply with procedural guarantees provided for in domestic law
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure/delay in communicating decisions relating to detention
Lack/difficulties of legal assistance/other facilities
Delay in examination by the Constitutional Court
15
6833/18
Patarya v. Turkey
24/01/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
16
9907/18
Akdemir v. Turkey
05/02/2018
Failure to comply with procedural guarantees provided for in domestic law
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 communicating decisions relating to detention
17
10612/18
Bölükbaş v. Turkey
13/02/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure/delay in examining requests for enlargement/objection
18
10638/18
Kara v. Turkey
02/02/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
19
10778/18
Zorlu v. Turkey
09/02/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
20
16030/18
Yıldırım v. Turkey
15/03/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
21
19873/18
Kaplan v. Turkey
11/04/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/delay in examining requests for enlargement/objection
Failure/delay in communicating decisions relating to detention
Lack/difficulties of legal assistance/other facilities
22
21049/18
Kuş v. Turkey
25/04/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
23
22157/18
Özdemir v. Turkey
04/05/2018
Failure to comply with procedural guarantees provided for in domestic law
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
24
23650/18
Çelik v. Turkey
30/04/2018
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure to communicate the prosecutor’s opinion
Delay in examination by the Constitutional Court
25
24161/18
Bulut v. Turkey
10/05/2018
Failure to comply with procedural guarantees provided for in domestic law
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
Lack/difficulties of legal assistance/other facilities
Delay in examination by the Constitutional Court
26
24221/18
Şahbaz v. Turkey
30/04/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
27
26332/18
Gazioğlu v. Turkey
14/05/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
28
28078/18
Bozoğlu v. Turkey
09/05/2018
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Lack/difficulties of legal assistance/other facilities
29
29589/18
Yıldız v. Turkey
11/06/2018
Failure to comply with procedural guarantees provided for in domestic law
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 examining requests for enlargement/objection
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
No effective remedy for compensation
30
32404/18
Kılıç v. Turkey
19/06/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
31
43688/18
Yavuz v. Turkey
05/09/2018
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
32
43956/18
Bozyiğit v. Turkey
05/09/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
33
45059/18
Görenez v. Turkey
18/09/2018
Failure to comply with procedural guarantees provided for in domestic law
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
34
47603/18
Demiroz v. Turkey
27/09/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
35
49062/18
Aytaç v. Turkey
28/09/2018
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
Lack/difficulties of legal assistance/other facilities
Delay in examination by the Constitutional Court
36
54235/18
Zengin v. Turkey
12/10/2018
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure to communicate the prosecutor’s opinion
Lack/difficulties of legal assistance/other facilities
Delay in examination by the Constitutional Court
37
54713/18
Bekler v. Turkey
12/10/2018
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure to communicate the prosecutor’s opinion
Lack/difficulties of legal assistance/other facilities
Delay in examination by the Constitutional Court
38
59564/18
Akbaba v. Turkey
26/11/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
39
10884/19
Tutal v. Turkey
04/02/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure/delay in communicating decisions relating to detention
No effective remedy for compensation
40
11344/19
Özkan v. Turkey
13/02/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure/delay in examining requests for enlargement/objection
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
41
15742/19
Büyük v. Turkey
05/03/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
42
22696/19
Serter v. Turkey
22/04/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Delay in examination by the Constitutional Court
43
23692/19
Cengiz v. Turkey
18/04/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Lack of hearing during the detention review
Failure/delay in examining requests for enlargement/objection
Lack/difficulties of legal assistance/other facilities
44
30332/19
Özalp v. Turkey
30/05/2019
Lack of reasonable suspicion
Lack of hearing during the detention review
Failure/delay in examining requests for enlargement/objection
Lack/difficulties of legal assistance/other facilities
45
42487/19
Turunç v. Turkey
07/08/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Lack of hearing during the detention review
Restriction of access to the investigation file
46
45663/19
Zorlu v. Turkey
15/08/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
47
53830/19
Nacak v. Turkey
23/08/2019
Lack of reasonable suspicion
48
54509/19
Subaşı v. Turkey
11/09/2019
Failure to comply with procedural guarantees provided for in domestic law
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
49
56857/19
Erkan v. Turkey
29/09/2017
Failure to comply with procedural guarantees provided for in domestic law
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
50
61473/19
Benli v. Turkey
11/11/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
51
61485/19
Ata v. Turkey
14/11/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
52
62714/19
Yılmaz v. Turkey
08/11/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
53
5266/20
Kızılay v. Turkey
21/01/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
54
5767/20
Gülbaş v. Turkey
26/11/2019
Failure to comply with procedural guarantees provided for in domestic law
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
Lack/difficulties of legal assistance/other facilities
55
7969/20
Girgin v. Turkey
15/01/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
56
8335/20
Kondur v. Turkey
04/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure/delay in communicating decisions relating to detention
Unlawful search of home and/or office
57
9343/20
Özmen v. Turkey
04/02/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
Delay in examination by the Constitutional Court
58
10095/20
Denizhan v. Turkey
17/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Failure/delay in examining requests for enlargement/objection
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
Delay in examination by the Constitutional Court
59
10681/20
Cebiş v. Turkey
10/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Delay in examination by the Constitutional Court
60
11500/20
Karaaslan v. Turkey
13/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
61
11663/20
Koyuncu v. Turkey
13/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
62
11664/20
Ayar v. Turkey
18/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Delay in examination by the Constitutional Court
Unlawful search of home and/or office
63
11789/20
Kurt v. Turkey
06/12/2019
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Delay in examination by the Constitutional Court
64
11932/20
Kaya v. Turkey
20/02/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
65
12883/20
Kaygın v. Turkey
20/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Lack of hearing during the detention review
Unlawful search of home and/or office
66
13576/20
Küçükkaplan v. Turkey
23/01/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
67
13701/20
Kaplan v. Turkey
04/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
68
13779/20
Öz v. Turkey
29/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack/difficulties of legal assistance/other facilities
Delay in examination by the Constitutional Court
69
13824/20
Akdamar v. Turkey
07/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
70
14846/20
Karagöz v. Turkey
28/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
71
14874/20
Turgut v. Turkey
04/03/2020
Failure to comply with procedural guarantees provided for in domestic law
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
72
14972/20
Erol v. Turkey
17/01/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
73
15133/20
Bakırcı v. Turkey
06/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
No effective remedy for compensation
74
15740/20
Şua v. Turkey
16/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack/difficulties of legal assistance/other facilities
75
16039/20
Çete v. Turkey
27/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
Unlawful search of home and/or office
76
16141/20
Sivri v. Turkey
31/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
No effective remedy for compensation
Unlawful search of home and/or office
77
16243/20
Barut v. Turkey
27/03/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Delay in examination by the Constitutional Court
Unlawful search of home and/or office
78
16784/20
Tankişi v. Turkey
26/03/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Failure to communicate the prosecutor’s opinion
79
17012/20
Söyler v. Turkey
01/04/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Unlawful search of home and/or office
80
17126/20
Bozkurt v. Turkey
24/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure to communicate the prosecutor’s opinion
81
19088/20
Önkal v. Turkey
22/04/2020
Lack of reasonable suspicion
82
19143/20
Uslu v. Turkey
07/05/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Lack/difficulties of legal assistance/other facilities
No effective remedy for compensation
83
19301/20
Yaldir v. Turkey
04/05/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Delay in examination by the Constitutional Court
84
19656/20
Gülleci Demir v. Turkey
16/04/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
85
20126/20
Gündoğdu v. Turkey
15/05/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
86
20135/20
İhtiyar v. Turkey
15/05/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
87
20587/20
Kuzgun v. Turkey
16/01/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
88
20844/20
Akçakoca v. Turkey
04/05/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/delay in examining requests for enlargement/objection
Failure/delay in communicating decisions relating to detention
89
21020/20
Kol v. Turkey
28/04/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Lack of hearing during the detention review
Failure/delay in examining requests for enlargement/objection
Delay in examination by the Constitutional Court
Unlawful search of home and/or office
90
21061/20
Ceran v. Turkey
05/05/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Unlawful search of home and/or office
91
21062/20
Akgün v. Turkey
20/05/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
92
21088/20
Borucu v. Turkey
05/05/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Lack of hearing during the detention review
No effective remedy for compensation
93
21123/20
Girdi v. Turkey
06/05/2020
Failure to comply with procedural guarantees provided for in domestic law
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
94
21367/20
Köylü v. Turkey
22/05/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
95
21551/20
Güngör v. Turkey
23/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure/delay in examining requests for enlargement/objection
Unlawful search of home and/or office
96
21749/20
Demir v. Turkey
27/04/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Failure/delay in communicating decisions relating to detention
Lack/difficulties of legal assistance/other facilities
97
22243/20
Çelik v. Turkey
03/03/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Unlawful search of home and/or office
98
22923/20
Özdemir v. Turkey
08/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Failure/delay in communicating decisions relating to detention
99
22952/20
Mendilcioğlu v. Turkey
28/01/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Lack/difficulties of legal assistance/other facilities
Delay in examination by the Constitutional Court
100
22956/20
Çalışkan v. Turkey
08/06/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure to communicate the prosecutor’s opinion
101
23007/20
Sönmez v. Turkey
07/04/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
102
23436/20
Aslan v. Turkey
22/05/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure to communicate the prosecutor’s opinion
103
24030/20
Citak v. Turkey
12/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
104
25514/20
Dündar v. Turkey
20/04/2020
Failure to comply with procedural guarantees provided for in domestic law
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
105
26039/20
Kuşku v. Turkey
25/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
106
26042/20
Sefer v. Turkey
25/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
107
26146/20
Bilge v. Turkey
12/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack of hearing during the detention review
Lack/difficulties of legal assistance/other facilities
108
26337/20
Aslan v. Turkey
05/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
109
27067/20
Kızılay v. Turkey
15/02/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
110
28787/20
Durmuş v. Turkey
26/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
111
29062/20
Gökçe v. Turkey
02/07/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Lack/difficulties of legal assistance/other facilities
112
29753/20
Bülbül v. Turkey
25/06/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Delay in examination by the Constitutional Court
113
29994/20
Bütün v. Turkey
26/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
114
30003/20
Bakay v. Turkey
02/07/2020
Failure to comply with procedural guarantees provided for in domestic law
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 communicating decisions relating to detention
Unlawful search of home and/or office
115
30010/20
Polat v. Turkey
06/07/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
116
30061/20
Yıldırım v. Turkey
22/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
117
30329/20
Uçar v. Turkey
06/07/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/delay in communicating decisions relating to detention
Lack/difficulties of legal assistance/other facilities
118
32774/20
Özel v. Turkey
20/07/2020
Failure to comply with procedural guarantees provided for in domestic law
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 to communicate the prosecutor’s opinion
119
33365/20
Altınok v. Turkey
29/07/2020
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack/difficulties of legal assistance/other facilities
120
34445/20
Baş v. Turkey
14/07/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure to communicate the prosecutor’s opinion:
Unlawful search of home and/or office
121
34682/20
Kebeşoglu v. Turkey
04/06/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Delay in examination by the Constitutional Court
122
34959/20
Özkarslı v. Turkey
07/08/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack/difficulties of legal assistance/other facilities
123
35603/20
Kuru v. Turkey
27/07/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure/delay in communicating decisions relating to detention
Lack/difficulties of legal assistance/other facilities
124
36651/20
Bülbül v. Turkey
10/08/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
125
36837/20
Menengiç v. Turkey
07/08/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/difficulties of legal assistance/other facilities
126
36884/20
Çengeloğlu v. Turkey
21/08/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
127
37234/20
Sevdim v. Turkey
11/08/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure to communicate the prosecutor’s opinion
128
37894/20
Yılmaz v. Turkey
18/08/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
129
38272/20
Aygün v. Turkey
20/08/2020
Failure to comply with procedural guarantees provided for in domestic law
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 to communicate the prosecutor’s opinion
130
38305/20
Arslantürk v. Turkey
13/08/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure/delay in examining requests for enlargement/objection
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
Delay in examination by the Constitutional Court
Unlawful search of home and/or office
131
41241/20
Aslan v. Turkey
01/07/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Delay in examination by the Constitutional Court
132
41402/20
Pehlivan v. Turkey
27/08/2020
Failure to comply with procedural guarantees provided for in domestic law
133
42759/20
Özenir v. Turkey
14/09/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Failure/delay in examining requests for enlargement/objection
Failure to communicate the prosecutor’s opinion
Lack/difficulties of legal assistance/other facilities
134
43083/20
Kılınç v. Turkey
15/09/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
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
Delay in examination by the Constitutional Court
Unlawful search of home and/or office
135
43232/20
Karaarslan v. Turkey
08/09/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Delay in examination by the Constitutional Court
136
43997/20
Gürbüz v. Turkey
16/09/2020
Failure to comply with procedural guarantees provided for in domestic law
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
137
48669/20
Boz v. Turkey
22/10/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Lack/difficulties of legal assistance/other facilities
138
49485/20
Can v. Turkey
03/11/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Restriction of access to the investigation file
Delay in examination by the Constitutional Court
139
49609/20
Coşkun v. Turkey
26/10/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
140
50209/20
Kanlı v. Turkey
28/08/2020
Failure to comply with procedural guarantees provided for in domestic law
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 examining requests for enlargement/objection
141
50847/20
Acar v. Turkey
23/10/2020
Failure to comply with procedural guarantees provided for in domestic law
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
No effective remedy for compensation
142
51383/20
Çolak v. Turkey
14/10/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Lack/difficulties of legal assistance/other facilities
143
51555/20
Gültekin v. Turkey
30/06/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
144
52598/20
İnal v. Turkey
24/11/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
145
54011/20
Baysal v. Turkey
27/08/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/delay in communicating decisions relating to detention
Failure/delay in examining requests for enlargement/objection
146
54412/20
Göztaş v. Turkey
25/11/2020
Failure to comply with procedural guarantees provided for in domestic law
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/difficulties of legal assistance/other facilities
147
54426/20
Taşdelen v. Turkey
19/10/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure to communicate the prosecutor’s opinion
Delay in examination by the Constitutional Court
148
1953/21
Saydan v. Turkey
22/12/2020
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
149
3160/21
Çapa v. Turkey
08/12/2020
Failure to comply with procedural guarantees provided for in domestic law
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 enlargement/objection
Failure/delay in communicating decisions relating to detention
150
6976/21
Ekim v. Turkey
14/01/2021
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion
151
9539/21
Aydın v. Turkey
17/11/2020
Failure to comply with procedural guarantees provided for in domestic law
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
Unlawful search of home and/or office
152
9797/21
Özgül v. Turkey
25/12/2020
Failure to comply with procedural guarantees provided for in domestic law
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
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