Communicated on 13 September 2017
SECOND SECTION
Application no. 73727/11
Oğuzhan DİNÇ
against Turkey
lodged on 4 November 2011
SUBJECT MATTER OF THE CASE
The applicant, who was a minor at the time of the events in 2009, was injured during a fight with his neighbours. As a result of the criminal proceedings against him, he was found guilty of causing bodily injury to two persons and sentenced to a judicial fine in 2011. The proceedings initiated against those third persons for causing bodily injury to the applicant are still pending before the domestic courts.
The application concerns the alleged failure of the domestic authorities to conduct an effective investigation into the injury caused to the applicant by third persons.
It also pertains to the lack of legal assistance available to the applicant during the preliminary investigation stage of the criminal proceedings against him.
The applicant complains of a violation of his rights under Article 6 of the Convention.
QUESTIONS tO THE PARTIES
1. Having regard to the procedural protection from inhuman or degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation by the domestic authorities into the bodily injury caused to the applicant by third persons in breach of Article 3 of the Convention?
2. Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention?
In particular, has there been a breach of Article 6 § 3 (c) of the Convention, in conjunction with Article 6 § 1, as a result of the lack of legal assistance available to him, a minor at the time, while he made his statements before the police and the public prosecutor (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016)?
3. The Government are invited to provide the Court with copies of all the relevant documents concerning the criminal proceedings against the applicant, as well as the proceedings conducted against M.E.N. and E.N., including but not limited to all the medical reports drawn up in respect of the concerned persons, the minutes of all the interviews conducted during the preliminary investigation stage, the indictments, the transcripts of all the hearings, the reasoned judgments of the domestic courts, and the written submissions of the applicant and his lawyer throughout the proceedings.
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