Communicated on 2 October 2019
SECOND SECTION
Application no. 33372/19
Güray GÜR
against Turkey
lodged on 17 May 2019
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings against the applicant. In particular, the applicant complains that the trial court failed to give sufficient reasons in their judgment when convicting him and the higher courts failed to respond his arguments in this context after his conviction.
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, were sufficient reasons given by the domestic courts for the applicant’s conviction (see; Ajdarić v. Croatia, no. 20883/09, § 51, 13 December 2011)?
2. Did the domestic courts carry out an examination on the veracity and probative value of the evidence against the applicant, in particular statements given by the victim (Rostomashvili v. Georgia, no. 13185/07, § 59, 8 November 2018)? If so, was such an examination duly reflected in their judgments?
3. Is it clear from the national courts’ judgments that the essential issues of the case have been addressed (see Boldea v. Romania, no. 19997/02, §§ 29‑30, 15 February 2007)?
The Government is 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, statements of the applicant, the other accused, and victim both before the investigating authorities and courts, documentary evidence against the applicant, and the written submissions of the applicant and his lawyer throughout the proceedings. Furthermore, the Government is invited to submit the translation of the ten pages long reasoned judgment of the trial court dated 1 November 2012.
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