Communicated on 24 October 2019
SECOND SECTION
Application no. 72613/11
Murat BAYOĞLU
against Turkey
lodged on 10 October 2011
SUBJECT MATTER OF THE CASE
The applicant was charged with drug trafficking and being a member of a criminal organisation. He requested legal assistance during the proceedings before the Istanbul Assize Court at the first hearing. Although a lawyer was assigned to represent the applicant by the Bar Association accordingly, the lawyer did not attend any of the hearings that were held during the criminal proceedings against the applicant. The applicant was convicted of drug trafficking by the trial court, and this decision was subsequently upheld by the Court of Cassation.
The applicant complains of a violation of his right to have practical and effective legal assistance during the criminal proceedings against him under Article 6 §§ 1 and 3 (c) of the Convention.
QUESTION TO THE PARTIES
Did the applicant have a fair trial within the meaning of Article 6 § 1 of the Convention? In particular, did the applicant receive effective legal representation in accordance with Article 6 §§ 1 and 3 (c) of the Convention (see Kahraman v. Turkey, no. 42104/02, §§ 22-37, 26 April 2007; see also Daud v. Portugal, 21 April 1998, Reports of Judgments and Decisions 1998‑II, and Sannino v. Italy, no. 30961/03, §§ 47-53, ECHR 2006‑VI)?
The Government are invited to submit copies of all the relevant documents concerning the applicant’s case, including but not limited to the minutes of all the hearings, the reasoned judgment of the trial court, and the written submissions of the applicant and his lawyer throughout the proceedings.
Full & Egal Universal Law Academy