Published on 13 December 2021
SECOND SECTION
Application no. 70892/17
Fatih Şükrü GÖKÇEK against Turkey
and 197 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.
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?
APPENDIX
No.
App. no
Case Title
Date of introduction
Complaints
1
70892/17
Gökçek v. Turkey
26/07/2017
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
2
1/18
Harput v. Turkey
04/12/2017
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
3
82/18
Koçyiğit v. Turkey
28/11/2017
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
4
3458/18
Dur v. Turkey
04/01/2018
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
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
5
10773/18
Ulukapı v. Turkey
07/02/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
6
10803/18
Cengiz v. Turkey
29/01/2018
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
7
12045/18
Özgür v. Turkey
02/03/2018
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
8
16527/18
Tunç v. Turkey
19/03/2018
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/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
9
16800/18
Açlan v. Turkey
30/03/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
10
17289/18
Arslanbay v. Turkey
29/03/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
11
22093/18
Şener v. Turkey
30/04/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
12
22156/18
Öz v. Turkey
24/04/2018
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
13
23493/18
Çevik v. Turkey
30/04/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
14
23758/18
Ballı v. Turkey
07/05/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
15
23822/18
Özcan v. Turkey
03/05/2018
Length of pre-trial detention
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
16
23912/18
Özkökeli v. Turkey
04/05/2018
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
17
23919/18
Özdemir v. Turkey
04/05/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
18
24456/18
Uslu v. Turkey
17/05/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
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
19
24612/18
Sazil v. Turkey
15/05/2018
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
20
24628/18
Ağgül v. Turkey
16/05/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
21
24651/18
Bayram v. Turkey
27/12/2017
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
22
24855/18
Turmuş v. Turkey
14/05/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
23
24900/18
Parlak v. Turkey
18/05/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
24
24919/18
Bozdağ v. Turkey
17/05/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
25
25066/18
Bayraktar v. Turkey
15/05/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
26
25241/18
Tekeci v. Turkey
15/05/2018
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
27
25253/18
Mete v. Turkey
18/05/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
28
25788/18
Dağlı v. Turkey
23/05/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
29
25893/18
Eroğlu v. Turkey
28/05/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
30
26287/18
Oral v. Turkey
17/05/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
31
32414/18
Erdönmez v. Turkey
29/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
32
32451/18
Bakır v. Turkey
21/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
33
32456/18
Yiğit v. Turkey
22/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
34
32458/18
Dağdeviren v. Turkey
28/06/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
35
32460/18
Beydoğan v. Turkey
22/06/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
36
32462/18
Dalkes v. Turkey
21/06/2018
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
37
32465/18
Peker v. Turkey
22/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
38
32850/18
Özdemir v. Turkey
02/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
39
32857/18
Ekicioğlu v. Turkey
26/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
40
32866/18
Yaylagül v. Turkey
17/05/2018
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
41
32874/18
Kafa v. Turkey
22/06/2018
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
42
32887/18
Günerigök v. Turkey
05/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
43
32910/18
Doğan v. Turkey
02/07/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
44
32949/18
Kalkan v. Turkey
04/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
45
32964/18
Uran v. Turkey
26/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
46
32965/18
Erken v. Turkey
26/06/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Failure/Delay in examining requests for enlargement/objection
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
Lack of reasonable suspicion
47
32970/18
Hasırcı v. Turkey
04/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
48
33003/18
Persil v. Turkey
26/06/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
49
33009/18
Sezer v. Turkey
02/07/2018
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
50
33043/18
Harmankaya v. Turkey
26/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
51
33046/18
Erdoğdu v. Turkey
26/06/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
52
33078/18
Çalışkan v. Turkey
29/06/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
53
33156/18
Arslan v. Turkey
18/06/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
54
33330/18
Kablan v. Turkey
11/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
55
33476/18
Özbeyli v. Turkey
05/07/2018
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
56
33850/18
Gezer v. Turkey
05/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
57
33856/18
Taç v. Turkey
03/07/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
58
33857/18
Koçlar v. Turkey
09/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
59
33862/18
Akbey v. Turkey
05/07/2018
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
60
33972/18
Erdemir v. Turkey
28/06/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
61
33979/18
Uslu v. Turkey
11/05/2018
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
62
34038/18
Karabulut v. Turkey
11/05/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
63
34091/18
Aybek v. Turkey
16/05/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
64
34180/18
Toygar v. Turkey
07/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
65
34184/18
Demir v. Turkey
07/07/2018
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
66
34190/18
Cebeci v. Turkey
03/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
67
34413/18
Kaplan v. Turkey
26/02/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
68
34499/18
Akkurt v. Turkey
11/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
69
34503/18
Ünal v. Turkey
13/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
70
34565/18
Güngör v. Turkey
17/07/2018
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
71
34765/18
Gülümser v. Turkey
16/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
72
35070/18
Yıldız v. Turkey
19/07/2018
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
73
35118/18
Uçar v. Turkey
10/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
74
35131/18
Aslan v. Turkey
06/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
75
35188/18
Şimşek v. Turkey
06/07/2018
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
76
35191/18
Çatal v. Turkey
07/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
77
35293/18
Aktaş v. Turkey
16/07/2018
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/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
78
35372/18
Ilık v. Turkey
16/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
79
35427/18
Yapan v. Turkey
05/07/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
80
35479/18
Öktem v. Turkey
11/07/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
81
35548/18
Danış v. Turkey
18/07/2018
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
82
35603/18
İşbitirici v. Turkey
13/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
83
35642/18
Yivli v. Turkey
20/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
84
35661/18
Sarıca v. Turkey
13/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
85
35694/18
Karagülmez v. Turkey
13/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
86
35944/18
İnanç v. Turkey
13/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
87
35958/18
Sarı v. Turkey
23/07/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
88
36107/18
Bağcı v. Turkey
24/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
89
36184/18
Çinemre v. Turkey
23/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
90
36236/18
Tümer v. Turkey
16/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
91
36275/18
Kurt v. Turkey
16/07/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
92
36369/18
Gençer v. Turkey
17/07/2018
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
93
36447/18
İldiz v. Turkey
23/07/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
94
36495/18
Metin v. Turkey
16/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
95
36636/18
Demir v. Turkey
11/07/2018
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
96
36948/18
Aslan v. Turkey
20/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
97
37106/18
Ayık v. Turkey
06/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
98
37242/18
Avcu v. Turkey
18/07/2018
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
99
37271/18
Erol v. Turkey
02/08/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
100
37342/18
Üzel v. Turkey
02/08/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
101
37463/18
Güç v. Turkey
27/07/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
102
37483/18
Yılmaz v. Turkey
26/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
103
37655/18
Sözen v. Turkey
03/08/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
104
37723/18
Kambur v. Turkey
30/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
105
37749/18
Küçükkara v. Turkey
30/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
106
37823/18
Çoşkun v. Turkey
02/07/2018
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
107
37838/18
Ulusu v. Turkey
03/08/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
108
38511/18
Gülver v. Turkey
06/08/2018
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
109
38636/18
Şahin v. Turkey
02/08/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
110
38707/18
Akbacak v. Turkey
06/08/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
111
38766/18
Mayda v. Turkey
03/08/2018
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
112
38788/18
Akın v. Turkey
06/08/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
113
38829/18
Yollu v. Turkey
30/07/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
114
38953/18
Karakaş v. Turkey
09/08/2018
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
115
38978/18
Aşık v. Turkey
03/08/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
116
39008/18
Çeken v. Turkey
09/08/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
117
39038/18
Tunç v. Turkey
03/08/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
118
39098/18
Ünal v. Turkey
11/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
119
41128/18
Yayla v. Turkey
09/08/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
120
43239/18
Tümüklü v. Turkey
08/09/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
121
43957/18
Akpınar v. Turkey
05/09/2018
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
122
44166/18
Karagöz v. Turkey
11/09/2018
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
48613/18
Bozkurt v. Turkey
08/10/2018
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/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
124
54403/18
Caferoğlu v. Turkey
01/11/2018
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
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
125
58245/18
Orhan v. Turkey
22/11/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
126
2270/19
Erdoğuş v. Turkey
30/11/2018
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
127
2275/19
Uludağ v. Turkey
19/12/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
128
3002/19
Keser v. Turkey
27/11/2018
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
129
4188/19
Soytekin v. Turkey
11/01/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
130
11336/19
Sinoplu v. Turkey
13/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
131
11363/19
Sumeli v. Turkey
09/01/2019
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
132
11791/19
Pala v. Turkey
20/02/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
133
11880/19
Turan v. Turkey
21/02/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
134
12039/19
Alaf v. Turkey
19/02/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
135
12177/19
Sarı v. Turkey
19/02/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
136
12465/19
Akpınar v. Turkey
15/02/2019
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
137
12470/19
Bulut v. Turkey
22/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
138
12528/19
Samer v. Turkey
22/02/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
139
12701/19
Kuş v. Turkey
20/02/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
140
12712/19
Keskin v. Turkey
19/02/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
141
12789/19
Curabay v. Turkey
27/02/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
142
12817/19
Acaboğa v. Turkey
01/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
143
13014/19
Ekici v. Turkey
21/02/2019
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 of reasonable suspicion
144
13028/19
Pekgenç v. Turkey
21/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
145
13224/19
Eken v. Turkey
26/02/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
146
13232/19
Çoban v. Turkey
06/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
147
14154/19
Mert v. Turkey
02/03/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
148
14269/19
Yeni v. Turkey
01/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
149
14470/19
Süt v. Turkey
28/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
150
14478/19
Güngöray v. Turkey
07/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
151
14486/19
Daştan v. Turkey
11/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
152
14500/19
Günay v. Turkey
25/02/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
153
14849/19
Noyan v. Turkey
01/03/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
154
14949/19
Biçer v. Turkey
07/03/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
155
15198/19
Almalıoğlu v. Turkey
28/02/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
156
15202/19
Akdın v. Turkey
07/03/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
157
15308/19
Kahraman v. Turkey
25/02/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
158
15461/19
Bilgin v. Turkey
11/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
159
15608/19
Dursun v. Turkey
30/11/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
160
15693/19
Erdoğan v. Turkey
11/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
161
15702/19
Keser v. Turkey
06/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
162
15708/19
Yıldırım v. Turkey
11/03/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
163
15732/19
Avandağ v. Turkey
01/03/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
164
15979/19
Çendek v. Turkey
18/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
165
15998/19
Erşahin v. Turkey
21/02/2019
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
166
16007/19
Çelik v. Turkey
15/03/2019
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
167
16685/19
Sucu v. Turkey
21/03/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
168
16773/19
Apacık v. Turkey
01/03/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
169
17210/19
Demirağ v. Turkey
14/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
170
17275/19
Karabudak v. Turkey
15/03/2019
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/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
171
17499/19
Bayrak v. Turkey
15/03/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
172
17774/19
Arvasi v. Turkey
15/03/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
173
18189/19
Batak v. Turkey
29/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
174
18420/19
Demirci v. Turkey
15/03/2019
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
175
18424/19
Köse v. Turkey
12/03/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
176
18452/19
Soykan v. Turkey
29/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
177
18475/19
Özer v. Turkey
26/03/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
178
18486/19
Macit v. Turkey
21/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
179
18571/19
Uray v. Turkey
22/03/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
180
18628/19
Yavuz v. Turkey
26/03/2019
Length of pre-trial detention
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
181
18747/19
Sertçe v. Turkey
25/03/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
182
18779/19
Arık v. Turkey
28/03/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
183
18783/19
Dikayak v. Turkey
29/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
184
19083/19
Diker v. Turkey
20/03/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
185
21537/19
Uzal v. Turkey
29/03/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
186
22882/19
Yiğit v. Turkey
17/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
187
37282/19
Akay v. Turkey
02/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
188
46761/19
Akdemir v. Turkey
02/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
189
47604/19
Yıldırım v. Turkey
21/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
190
50745/19
Can v. Turkey
05/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
191
50842/19
Çöpcü v. Turkey
27/08/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
192
52327/19
Yeşilbaş 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
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
193
59970/19
Karakurt v. Turkey
07/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
194
64001/19
Öğe v. Turkey
29/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
195
7005/20
Cuma v. Turkey
17/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
196
7583/20
Çetin v. Turkey
27/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
197
30992/20
Tatoğlu v. Turkey
06/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
198
55322/20
Uçar v. Turkey
11/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion