Communicated on 22 February 2018
SECOND SECTION
Application no. 53448/09
Abdurrahim DOKSAL
against Turkey
lodged on 4 September 2009
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings due to the systemic restriction imposed on the applicant’s right of access to a lawyer during the pre-trial stage pursuant to Law no. 3842 and the subsequent use by the trial court of those statements taken in the absence of a lawyer (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016).
QUESTIONS tO THE PARTIES
1. 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, as a result of the lack of legal assistance available to the applicant during the preliminary investigation (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and İbrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016)?
2. In particular, when was the applicant first informed of his rights not to incriminate himself and to remain silent? Was it before or after he made statements to the police, the public prosecutor and the investigating judge? What was the exact scope of these rights at the relevant stage of proceedings? What was the exact wording by which such information was conveyed to the applicant?
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, documentary evidence against the applicant and the reasoned judgment of the trial court, the applicant’s and his lawyer’s written submissions both before the trial court and before the Court of Cassation.
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