Published on 7 November 2022
SECOND SECTION
Application no. 46997/17
Adem GÜMÜŞ against Türkiye
and 152 other applications
(see list appended)
communicated on 17 October 2022
SUBJECT MATTER OF THE CASE
The applications mainly concern the applicants’ arrest and pre-trial detention, on suspicion of membership of FETÖ/PDY (an organisation described by the Turkish authorities as “Fetullahist Terror 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 of 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”, for the purposes of Article 5 § 1 (c) of the Convention, 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 (see, in particular, Baş v. Turkey, no. 66448/17, § 185, 3 March 2020)?
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 (see, in particular, Baş, cited above, §§ 212-214, and Kocamış and Kurt v. Turkey, no. 227/13, §§ 34-35, 25 January 2022);
(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 (see, inter alia, Ceviz v. Turkey, no. 8140/08, § 41, 17 July 2012);
(iii) their objections to their detention had not been examined or had been examined belatedly (see, for example, Shannon v. Latvia, no. 32214/03, §§ 67-74, 24 November 2009);
(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 (compare, for example, Voskuil v. the Netherlands, no. 64752/01, § 83, 22 November 2007);
(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 (see, mutatis mutandis, Černák v. Slovakia, no. 36997/08, § 78, 17 December 2013);
(vi) the time taken by the Constitutional Court to examine their individual applications had been protracted (compare for the principles Kavala v. Turkey, no. 28749/18, §§ 181-184, 10 December 2019).
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 (compare, for example, Hebat Aslan and Firas Aslan v. Turkey, no. 15048/09, §§ 92-93, 28 October 2014)?
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 (Kocamış and Kurt, cited above, §§ 36-40)?
APPENDIX
List of applications
No.
App. no.
Case name
Date of introduction
Complaints
1.
46997/17
Gümüş v. Türkiye
27/02/2017
Lack of reasonable suspicion
2.
62892/17
Çelenli v. Türkiye
27/06/2017
Lack of reasonable suspicion
3.
72761/17
Şahin v. Türkiye
26/09/2017
Lack of reasonable suspicion
Restriction of access to the investigation file
Lack/difficulties of legal assistance/other facilities
4.
14646/18
Doğangün v. Türkiye
09/03/2018
Lack of reasonable suspicion
5.
25922/18
Uzun v. Türkiye
11/05/2018
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
6.
42811/18
Tuğ v. Türkiye
27/08/2018
Lack of reasonable suspicion
7.
45445/18
Akgün v. Türkiye
07/09/2018
Lack of reasonable suspicion
Delay in examination by the Constitutional Court
8.
47681/18
Saray v. Türkiye
04/09/2018
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
9.
49217/18
Çekiç v. Türkiye
24/09/2018
Restriction of access to the investigation file
10.
57217/18
Tekin v. Türkiye
16/11/2018
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
11.
3467/19
Özbey v. Türkiye
27/12/2018
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
12.
8045/19
Yayman v. Türkiye
04/01/2019
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
13.
15780/19
Karaman v. Türkiye
01/03/2019
Lack of reasonable suspicion
14.
19135/19
Gülak v. Türkiye
22/03/2019
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
15.
24217/19
Taşkın v. Türkiye
10/04/2019
Lack of reasonable suspicion
16.
25248/19
Taşkın v. Türkiye
16/04/2019
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Delay in examination by the Constitutional Court
17.
30883/19
Ayar v. Türkiye
30/05/2019
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
18.
35143/19
Öksüz v. Türkiye
19/06/2019
Lack of reasonable suspicion
19.
44360/19
Ergitürk v. Türkiye
08/08/2019
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
20.
46997/19
Mengirkaon v. Türkiye
19/08/2019
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
21.
51126/19
Kale v. Türkiye
15/09/2019
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
22.
53150/19
Çiydem v. Türkiye
17/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
23.
53570/19
Dönmez v. Türkiye
13/09/2019
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
24.
62097/19
Çeltekli v. Türkiye
20/11/2019
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
25.
12023/20
Özdemir v. Türkiye
28/02/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
26.
19197/20
Gül v. Türkiye
27/04/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
27.
23386/20
Aktaş v. Türkiye
14/05/2020
Lack of reasonable suspicion
28.
25724/20
Özay v. Türkiye
15/06/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
29.
27345/20
Hasyiğit v. Türkiye
29/06/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
30.
27634/20
Ünlü v. Türkiye
09/06/2020
Lack of hearing during the detention review
31.
27850/20
Çakar v. Türkiye
29/06/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
32.
29974/20
Yıldız v. Türkiye
12/07/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
33.
32052/20
Acar v. Türkiye
06/07/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure to communicate the prosecutor’s opinion
34.
32540/20
Kalkan v. Türkiye
28/07/2020
Lack of hearing during the detention review
Failure/delay in examining requests for release/objection
35.
34462/20
Özay v. Türkiye
17/07/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure/delay in examining requests for release /objection
36.
34890/20
Arikan v. Türkiye
10/08/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
37.
35863/20
Dikici v. Türkiye
08/07/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
38.
37167/20
Başaran v. Türkiye
19/08/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack/difficulties of legal assistance/other facilities
39.
38118/20
Orbuk v. Türkiye
20/08/2020
Failure to communicate the prosecutor’s opinion
40.
38355/20
Tokuç v. Türkiye
19/08/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
41.
41543/20
Kaynarcı v. Türkiye
03/09/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
42.
42818/20
Bozkan v. Türkiye
09/09/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
43.
43008/20
Acar v. Türkiye
11/09/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Delay in examination by the Constitutional Court
44.
43634/20
Ünal v. Türkiye
17/09/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure to communicate the prosecutor’s opinion
45.
44227/20
Deniz v. Türkiye
29/09/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
46.
44428/20
Yılmaz v. Türkiye
23/09/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
47.
44961/20
Yıldız v. Türkiye
29/09/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
48.
46355/20
İnkaya v. Türkiye
05/10/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
49.
46565/20
Saçkan v. Türkiye
15/10/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
50.
46580/20
Keserci v. Türkiye
07/10/2020
Lack of reasonable suspicion
51.
46894/20
Çelik v. Türkiye
18/10/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
52.
47621/20
Güney v. Türkiye
21/10/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
53.
48662/20
Ercan v. Türkiye
22/10/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
54.
49051/20
Cengiz v. Türkiye
05/10/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
55.
49996/20
Kılıç v. Türkiye
03/11/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
56.
50471/20
Cengiz v. Türkiye
30/10/2020
Lack of reasonable suspicion
57.
51544/20
Yıldız v. Türkiye
20/11/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
58.
51767/20
Sarı v. Türkiye
09/11/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
59.
54575/20
Yayla v. Türkiye
26/11/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
60.
55482/20
Şimşek v. Türkiye
26/11/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
61.
55508/20
Dağlı v. Türkiye
01/12/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
62.
1432/21
Tekin v. Türkiye
17/12/2020
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
63.
1489/21
Tahsin v. Türkiye
28/12/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
64.
2070/21
Yılmaz v. Türkiye
23/12/2020
Lack of reasonable suspicion
65.
2103/21
Coşkun v. Türkiye
02/12/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
66.
3037/21
Kızılateş v. Türkiye
29/12/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
67.
4793/21
Petek v. Türkiye
30/12/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
68.
5312/21
Şahin v. Türkiye
05/01/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
69.
5322/21
Vural v. Türkiye
05/01/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
70.
7415/21
Durmuş v. Türkiye
21/01/2021
Lack of reasonable suspicion
71.
10055/21
Merdivan v. Türkiye
12/02/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
72.
10496/21
Yılmaz v. Türkiye
02/02/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure/delay in examining requests for release /objection
73.
10570/21
Aldemir v. Türkiye
05/02/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
74.
12994/21
Şeker v. Türkiye
22/02/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
75.
13133/21
Arslan v. Türkiye
11/12/2020
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
76.
13144/21
İnanç v. Türkiye
23/02/2021
Failure to communicate the prosecutor’s opinion
77.
16765/21
Karapınar v. Türkiye
18/03/2021
Lack of hearing during the detention review
78.
17904/21
Şekerci v. Türkiye
05/03/2021
Lack of reasonable suspicion
79.
22164/21
Kesik v. Türkiye
31/03/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
No effective remedy for compensation
80.
22579/21
Babalı v. Türkiye
19/02/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Delay in examination by the Constitutional Court
81.
22855/21
Baysal v. Türkiye
27/04/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
82.
27427/21
Çalışır v. Türkiye
06/05/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
83.
29495/21
Tanrıkulu v. Türkiye
31/05/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
84.
30632/21
Yaradanakul v. Türkiye
09/06/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
85.
31787/21
Koyuncu v. Türkiye
11/06/2021
Lack of hearing during the detention review
86.
33491/21
Çarık v. Türkiye
17/06/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
87.
36518/21
Dikmen v. Türkiye
08/07/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
88.
38126/21
Yıldız v. Türkiye
24/06/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
89.
38520/21
Yılmaz v. Türkiye
29/06/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
90.
38708/21
Bacak v. Türkiye
29/06/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
91.
39518/21
Cevri v. Türkiye
18/06/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
92.
41652/21
Gölcü v. Türkiye
13/08/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
Lack/difficulties of legal assistance/other facilities
93.
48380/21
Cesur v. Türkiye
24/09/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
94.
49294/21
Gökçelik v. Türkiye
17/09/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
95.
50441/21
Cevheroğlu v. Türkiye
28/09/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
96.
51131/21
Öztürk v. Türkiye
07/10/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
97.
51294/21
Özkan v. Türkiye
06/10/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
98.
51434/21
Sezgin v. Türkiye
06/10/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure to communicate the prosecutor’s opinion
99.
51815/21
Dombaycı v. Türkiye
13/10/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
100.
55809/21
Çelik v. Türkiye
28/10/2021
Lack of relevant and sufficient reasons for detention
Failure/delay in examining requests for release /objection
101.
56329/21
Yılmaz v. Türkiye
10/11/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
102.
57018/21
İyiiş v. Türkiye
12/11/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
103.
57556/21
Demirkart v. Türkiye
05/11/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
104.
58213/21
Aydoğan v. Türkiye
17/11/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure/delay in examining requests for release /objection
Failure to communicate the prosecutor’s opinion
105.
58963/21
Demir v. Türkiye
24/11/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
106.
59124/21
Karagöz v. Türkiye
26/11/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Failure/delay in examining requests for release /objection
107.
59136/21
Bozkurt v. Türkiye
18/11/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
108.
59143/21
Fırat v. Türkiye
30/11/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
109.
60036/21
Güleryüz v. Türkiye
23/11/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
110.
60790/21
Beydilli v. Türkiye
09/12/2021
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Delay in examination by the Constitutional Court
111.
152/22
Kalın v. Türkiye
21/12/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
112.
217/22
Sirkecioğlu v. Türkiye
24/12/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
113.
222/22
Özcan v. Türkiye
24/12/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
114.
345/22
Bayçöl v. Türkiye
30/12/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
115.
1332/22
Damar v. Türkiye
24/12/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
116.
1645/22
Bulut v. Türkiye
09/11/2021
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
117.
1895/22
Tuncer v. Türkiye
15/12/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
118.
2327/22
Güzel v. Türkiye
23/12/2021
Lack of reasonable suspicion
119.
2408/22
Özcan v. Türkiye
30/12/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
120.
3026/22
Gün v. Türkiye
21/12/2021
Lack of reasonable suspicion
121.
3065/22
İnan v. Türkiye
15/12/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
122.
3432/22
Şeker v. Türkiye
22/12/2021
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
123.
3615/22
Demirtaş v. Türkiye
13/01/2022
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
124.
3729/22
Gençer v. Türkiye
14/01/2022
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
125.
3745/22
Özer v. Türkiye
03/01/2022
Lack of reasonable suspicion
126.
4568/22
Sipahi v. Türkiye
07/01/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
127.
4996/22
Aşkın v. Türkiye
31/12/2021
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
128.
5891/22
Zengin v. Türkiye
21/01/2022
Lack of reasonable suspicion
129.
6279/22
Bulut v. Türkiye
28/01/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
130.
6448/22
Uçar v. Türkiye
19/01/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure/delay in communicating decisions relating to detention
Failure to communicate the prosecutor’s opinion
Delay in examination by the Constitutional Court
131.
7170/22
Kiriş v. Türkiye
19/01/2022
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
132.
7576/22
Beceren v. Türkiye
02/02/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
133.
7577/22
Boztürk v. Türkiye
02/02/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
134.
7583/22
Er v. Türkiye
02/02/2022
Lack of reasonable suspicion
135.
7584/22
Deveci v. Türkiye
02/02/2022
Lack of reasonable suspicion
136.
8993/22
Kocaoğlu v. Türkiye
04/02/2022
Lack of reasonable suspicion
Lack of hearing during the detention review
Failure/delay in communicating decisions relating to detention
137.
8999/22
Ulukaya v. Türkiye
04/02/2022
Restriction of access to the investigation file
Failure/delay in examining requests for release /objection
Lack/difficulties of legal assistance/other facilities
138.
9101/22
Aşır v. Türkiye
08/02/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
139.
9653/22
Armutcu v. Türkiye
26/01/2022
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure/delay in examining requests for release /objection
140.
9675/22
Yağcı v. Türkiye
10/02/2022
Lack of reasonable suspicion
Failure to communicate the prosecutor’s opinion
141.
9931/22
Kılıç v. Türkiye
18/02/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
142.
10501/22
Üzümcü v. Türkiye
28/01/2022
Lack of reasonable suspicion
143.
10611/22
Sarıcı v. Türkiye
24/01/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
144.
11504/22
Bulduk v. Türkiye
21/02/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
145.
12356/22
Hepgül v. Türkiye
17/02/2022
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
146.
12952/22
Başbilen v. Türkiye
28/02/2022
Lack of reasonable suspicion
Lack of hearing during the detention review
147.
13098/22
Şeker v. Türkiye
09/03/2022
Lack of reasonable suspicion
148.
13619/22
Yıldırım v. Türkiye
03/03/2022
Lack of reasonable suspicion
Lack of relevant and sufficient reasons for detention
149.
14013/22
Kondu v. Türkiye
14/03/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Restriction of access to the investigation file
Lack of hearing during the detention review
Failure/delay in communicating decisions relating to detention
150.
14678/22
Altın v. Türkiye
11/03/2022
Lack of reasonable suspicion
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
151.
15013/22
Mercan v. Türkiye
21/03/2022
Lack of reasonable suspicion
Lack of hearing during the detention review
152.
15970/22
Karagöl Kiyat v. Türkiye
09/03/2022
Lack of reasonable suspicion
153.
16638/22
Çankal v. Türkiye
16/02/2022
Failure/delay in examining requests for release /objection