Published on 13 December 2021
SECOND SECTION
Application no. 35908/19
Aydın Yaşar ÇETİN against Turkey
and 215 other applications
(see list appended)
communicated on 23 November 2021
SUBJECT MATTER OF THE CASE
The applications mainly concern the applicants’ arrest and pre-trial detention, 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.
The applicants complain of a violation of Article 5 of the Convention on the basis of the following allegations (see the appended table for detailed information as to the specific complaints raised by each applicant):
- 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 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 compensatory remedy available in domestic law for the alleged violation of their rights under Article 5 of the Convention.
QUESTIONS TO THE PARTIES
On the basis of the complaints communicated in accordance with the list in the Appendix
1. 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)?
(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 an effective 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 (to the extent that they concern remedies already sought at the time of the lodging of the complaints, as relevant):
(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 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 lack of an oral hearing during the review of detention; (ii) the non‑notification or belated notification of the detention decision; and (iii) the lack of or delay in the examination of the objection against detention by the magistrates’ courts?
5. Did the applicants have, as required by Article 5 § 5 of the Convention, an effective and enforceable right to obtain compensation for their detention, which they consider to have been contrary to Article 5 §§ 1, 3 and/or 4?
APPENDIX
List of applications
No.
App. no
Case Title
Date of introduction
Complaints
1
35908/19
Çetin v. Turkey
21/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
2
35951/19
Akyüz v. Turkey
25/06/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
3
36034/19
Adanur v. Turkey
20/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
4
36036/19
Dokumacı v. Turkey
25/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
5
36053/19
Dülgeroğlu v. Turkey
26/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
6
36088/19
Çevik v. Turkey
14/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
7
36163/19
Gülşen v. Turkey
25/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
8
36193/19
Zeriğ v. Turkey
13/06/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
9
36196/19
Bolat v. Turkey
27/06/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
10
36280/19
Büyükyavuz v. Turkey
21/06/2019
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
11
36436/19
Yıldız v. Turkey
24/06/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
12
36482/19
Coşkun v. Turkey
28/06/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
13
36527/19
Çakıcı v. Turkey
18/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
14
36565/19
Doğan v. Turkey
25/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
15
36720/19
Çizmeci v. Turkey
03/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
16
37057/19
Dızman v. Turkey
21/06/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
17
37104/19
Ölmez v. Turkey
04/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
18
37108/19
Davarcı v. Turkey
27/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
19
37244/19
Yılmaz v. Turkey
28/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
20
37274/19
Aymaz v. Turkey
04/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
21
37298/19
Demirkazık v. Turkey
27/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
22
37322/19
Şenel v. Turkey
05/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
23
37369/19
Özcan v. Turkey
05/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
24
37375/19
Filya v. Turkey
04/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
25
37755/19
Gümüş v. Turkey
12/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
26
37970/19
Özkaya v. Turkey
19/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
27
38326/19
Özer v. Turkey
11/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
28
38496/19
Doğaner v. Turkey
05/07/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
29
38530/19
Aygün v. Turkey
04/07/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
30
38532/19
Arslan v. Turkey
12/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
31
38548/19
But v. Turkey
08/07/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
32
38641/19
Bülbül v. Turkey
17/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
33
38674/19
Sağbaş v. Turkey
08/07/2019
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
34
38703/19
Tırış v. Turkey
04/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
35
38918/19
Akdoğan v. Turkey
10/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
36
39000/19
Güneş v. Turkey
08/07/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
37
39010/19
Kocagöz v. Turkey
10/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
38
39013/19
Yaman v. Turkey
28/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
39
39213/19
Yıldız v. Turkey
09/07/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
40
39252/19
Kurt v. Turkey
10/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
41
39320/19
Gülmez v. Turkey
12/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
42
39439/19
Peri v. Turkey
24/06/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
43
39444/19
Kaptı v. Turkey
27/06/2019
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
44
39479/19
Kişi v. Turkey
17/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
45
39484/19
Eroğlu v. Turkey
12/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
46
39663/19
Yaşar v. Turkey
27/06/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
47
39674/19
Sağlam v. Turkey
19/06/2019
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of hearing during the detention review
Lack of reasonable suspicion
48
39730/19
Öztürk v. Turkey
30/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
49
39926/19
Yıldız v. Turkey
18/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
50
39929/19
Topbaş v. Turkey
18/07/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
51
39969/19
Kurt v. Turkey
12/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
52
39976/19
Ateştemur v. Turkey
10/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
53
39985/19
Üreni v. Turkey
17/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
54
40065/19
Kösmene v. Turkey
05/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
55
40076/19
Sandık v. Turkey
19/07/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
56
40121/19
Alp v. Turkey
19/07/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
57
40196/19
Şen v. Turkey
11/07/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
58
40269/19
Dönmez v. Turkey
18/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
59
40366/19
Yıldırım v. Turkey
22/07/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
60
40391/19
Tiryakioğlu v. Turkey
19/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
61
40394/19
Kacır v. Turkey
05/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
62
40495/19
Gökü v. Turkey
17/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
63
40554/19
Gökmağara v. Turkey
11/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
64
40565/19
Baltacı v. Turkey
17/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
65
40891/19
Sert v. Turkey
17/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
66
40897/19
Karakaş v. Turkey
17/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
67
40933/19
Gezer v. Turkey
23/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
68
41107/19
Eken v. Turkey
23/07/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
69
41330/19
Ulukuş v. Turkey
23/07/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
70
41407/19
Temizkan v. Turkey
22/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
71
41420/19
Akdemir v. Turkey
24/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
72
41634/19
Küçükkeskin v. Turkey
23/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
73
41819/19
Gider v. Turkey
02/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
74
41823/19
Kanbur v. Turkey
26/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
75
41838/19
Demir v. Turkey
30/07/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
76
41873/19
Tüzün v. Turkey
16/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
77
41888/19
Akın v. Turkey
22/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
78
42006/19
Şaştı v. Turkey
29/07/2019
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
79
42022/19
Hacıoğlu v. Turkey
05/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
80
42027/19
Suna v. Turkey
27/06/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
81
42101/19
Yıldız v. Turkey
30/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
82
42415/19
Taş v. Turkey
31/07/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
83
42460/19
Özsoy v. Turkey
30/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
84
42481/19
Akıncı v. Turkey
12/07/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
85
42535/19
Karaduman v. Turkey
01/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
86
42537/19
Yücel v. Turkey
31/07/2019
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
87
42601/19
Bal v. Turkey
01/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
88
42632/19
Aksoy v. Turkey
01/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
89
42639/19
Narcı v. Turkey
02/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
90
42925/19
İkiz v. Turkey
24/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
91
43027/19
İpek v. Turkey
01/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
92
43166/19
Andıç v. Turkey
05/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
93
43185/19
Altunay v. Turkey
07/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
94
43293/19
Günaydın v. Turkey
02/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
95
43382/19
Deniz v. Turkey
03/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
96
43435/19
Doğantürk v. Turkey
08/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
97
44066/19
Şen v. Turkey
07/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
98
44070/19
Dönmez v. Turkey
07/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
99
44081/19
Ünver v. Turkey
24/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
100
44082/19
Kızıltoprak v. Turkey
09/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
101
44124/19
Vardal v. Turkey
07/08/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
102
44277/19
Keskin v. Turkey
06/08/2019
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
103
44297/19
Sevilmiş v. Turkey
07/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
104
44318/19
Aydın v. Turkey
06/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
105
44335/19
Şahin v. Turkey
09/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
106
44407/19
Polat v. Turkey
07/08/2019
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
107
44468/19
Çora v. Turkey
21/08/2019
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
108
44525/19
Şentürk v. Turkey
06/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
109
44702/19
Köse v. Turkey
08/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
110
45451/19
Özbek v. Turkey
02/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
111
45675/19
Vardi v. Turkey
15/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
112
45678/19
Mercan v. Turkey
15/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
113
45838/19
Fesli v. Turkey
15/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
114
45907/19
Akın v. Turkey
19/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
115
45923/19
Burgaç v. Turkey
15/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
116
45949/19
Aksoy v. Turkey
16/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
117
46148/19
Çevikgil v. Turkey
20/08/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
118
46370/19
Köken v. Turkey
06/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
119
46752/19
Akbaba v. Turkey
22/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
120
46756/19
Albayrak v. Turkey
19/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
121
46765/19
Birlik v. Turkey
22/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
122
46791/19
Dursun v. Turkey
22/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
123
46994/19
Demir v. Turkey
27/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
124
47003/19
Aksoy v. Turkey
23/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
125
47008/19
Kozan v. Turkey
16/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
126
47018/19
Akdemir v. Turkey
22/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
127
47066/19
Tek v. Turkey
21/08/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
128
47075/19
Özgür v. Turkey
26/08/2019
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
129
47276/19
Alkan v. Turkey
20/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
130
47663/19
Kılıç v. Turkey
21/08/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
131
47689/19
Mıhçı v. Turkey
23/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
132
47854/19
Solak v. Turkey
20/08/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
133
47861/19
Göyce v. Turkey
01/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
134
48028/19
Sarıbek v. Turkey
19/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
135
48091/19
Sarıkaya v. Turkey
02/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
136
49038/19
Dede v. Turkey
06/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
137
49412/19
Boğaz v. Turkey
10/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
138
49418/19
Yilmaz v. Turkey
20/08/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
139
49487/19
Keklik v. Turkey
05/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
140
49684/19
Doğan v. Turkey
16/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
141
49912/19
Konukseven v. Turkey
11/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
142
50066/19
Uzkut v. Turkey
10/09/2019
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
143
50227/19
İslam v. Turkey
11/09/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
144
50698/19
Ölçer v. Turkey
05/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
145
50753/19
Acemli v. Turkey
02/09/2019
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
146
50809/19
Odabaşı v. Turkey
05/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
147
51084/19
Şahin v. Turkey
02/09/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
148
51099/19
Korkmaz v. Turkey
05/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
149
51136/19
Karaca v. Turkey
17/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
150
51151/19
Cesur v. Turkey
05/09/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
151
51159/19
Hoda v. Turkey
06/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
152
51195/19
Demir v. Turkey
28/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
153
51305/19
Kızmaz v. Turkey
04/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
154
51326/19
İpekçi v. Turkey
04/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
155
51398/19
Çay v. Turkey
13/09/2019
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
156
51483/19
Telli v. Turkey
06/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
157
51499/19
Göğüş v. Turkey
20/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
158
51534/19
Elemen v. Turkey
23/08/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
159
51579/19
Bektaşoğlu v. Turkey
27/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
160
51582/19
Ekici v. Turkey
15/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
161
51636/19
Sever v. Turkey
19/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
162
51646/19
Köprülü v. Turkey
10/09/2019
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
163
51676/19
Karabulut v. Turkey
19/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
164
51791/19
Eroğlu v. Turkey
17/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
165
51802/19
Doğan v. Turkey
27/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
166
51818/19
Kızılırmak v. Turkey
12/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
167
51844/19
Özdemir v. Turkey
13/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
168
51925/19
Gültekin v. Turkey
13/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
169
51934/19
Ulutepe v. Turkey
28/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
170
52066/19
Kaya v. Turkey
24/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
171
52225/19
Yıldız v. Turkey
16/09/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
172
52280/19
Olgaç v. Turkey
23/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
173
52453/19
Demir v. Turkey
23/09/2019
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
174
52470/19
Yeşil v. Turkey
27/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
175
52475/19
Ağraş v. Turkey
23/09/2019
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
176
52553/19
Özbey v. Turkey
24/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
177
52601/19
Tuner v. Turkey
20/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
178
52699/19
Cingöz v. Turkey
22/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
179
52941/19
Kösem v. Turkey
20/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
180
53053/19
Eylek v. Turkey
01/10/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
181
53059/19
Yaşa v. Turkey
01/10/2019
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
182
53060/19
Köse v. Turkey
24/09/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
183
53103/19
Erdoğmuş v. Turkey
01/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
184
53308/19
Korkmaz v. Turkey
20/09/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
185
53333/19
Güvercin v. Turkey
11/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
186
53351/19
Türkmen v. Turkey
19/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
187
53369/19
Soy v. Turkey
17/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
188
53376/19
Meriç v. Turkey
02/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
189
53523/19
Mert v. Turkey
17/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
190
53524/19
Koçak v. Turkey
23/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
191
53795/19
Yirik v. Turkey
26/08/2019
Lack of relevant and sufficient reasons for detention
192
53978/19
Aydın v. Turkey
29/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
193
54201/19
Tulgar v. Turkey
03/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
194
54386/19
Akgün v. Turkey
26/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
195
54490/19
Şıla v. Turkey
01/10/2019
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
196
54501/19
Demir v. Turkey
03/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
197
54525/19
Kurt v. Turkey
04/10/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
198
54581/19
Gülten v. Turkey
03/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
199
54710/19
Koçak v. Turkey
10/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
200
54885/19
Alparslan v. Turkey
27/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
201
55059/19
Komu v. Turkey
03/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
202
55247/19
Ereroğlu v. Turkey
13/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
203
55520/19
Balcı v. Turkey
15/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
204
55590/19
Zorlu v. Turkey
05/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
205
55778/19
Öndem v. Turkey
25/09/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
206
55817/19
Arukan v. Turkey
06/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
207
55822/19
Kurt v. Turkey
03/09/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
208
55874/19
Yüksel v. Turkey
03/09/2019
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
209
55875/19
Yılmaz v. Turkey
11/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
210
55949/19
Duran v. Turkey
09/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
211
55953/19
Kıpçak v. Turkey
08/10/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
212
56055/19
Tuz v. Turkey
09/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
213
56063/19
Başer v. Turkey
10/10/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
214
56071/19
Sağlam v. Turkey
09/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
215
56077/19
Buyur v. Turkey
10/10/2019
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
216
56192/19
Biray v. Turkey
29/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion