Published on 13 December 2021
SECOND SECTION
Application no. 15638/20
Tamer KARA against Turkey
and 218 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
List of applications
No.
App. no
Case Title
Date of introduction
Complaints
1
15638/20
Kara v. Turkey
17/03/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
2
15659/20
Sert v. Turkey
12/03/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
3
15683/20
Atlanel v. Turkey
17/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
4
15832/20
Soylu v. Turkey
13/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
5
16027/20
Ateş v. Turkey
20/03/2020
Failure/Delay in examining requests for enlargement/objection
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
6
16033/20
Demirci v. Turkey
18/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
7
16045/20
Ateş v. Turkey
18/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
8
16046/20
Cebesoy v. Turkey
20/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
9
16061/20
Karakuş v. Turkey
16/03/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
10
16078/20
Köse v. Turkey
19/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
11
16084/20
Sefer v. Turkey
09/03/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
12
16106/20
Gürkan v. Turkey
19/03/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
13
16110/20
Kiremit v. Turkey
20/03/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
14
16180/20
Yuvarlak v. Turkey
19/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
15
16384/20
Topdemir v. Turkey
17/03/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
16
16385/20
Göktepe v. Turkey
27/03/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
17
16392/20
Uyanık v. Turkey
26/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
18
16424/20
Ayyıldız v. Turkey
25/03/2020
Length of pre-trial detention
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
19
16442/20
Tekin v. Turkey
20/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
20
16447/20
Doğan v. Turkey
19/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
21
16487/20
Alemdar v. Turkey
27/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
22
16566/20
Telo v. Turkey
13/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
23
16573/20
Keskin v. Turkey
13/03/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
24
16582/20
Türe v. Turkey
26/03/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
25
16781/20
Kiremit v. Turkey
26/03/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
26
16843/20
Kenru v. Turkey
26/03/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
27
16844/20
Alpay v. Turkey
26/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
28
16852/20
Özcan v. Turkey
16/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
29
16862/20
Aslan v. Turkey
23/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
30
16904/20
Balık v. Turkey
09/04/2020
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
31
16912/20
Sevinç v. Turkey
27/03/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
32
16916/20
Aymaz v. Turkey
03/04/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
33
16927/20
Akbay v. Turkey
31/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
34
16946/20
Karadayi v. Turkey
02/04/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
35
16947/20
Buldu v. Turkey
19/03/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
36
17015/20
Ak v. Turkey
14/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
37
17074/20
Gerboğa v. Turkey
13/04/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
38
17100/20
Bebek v. Turkey
27/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
39
17104/20
Durak v. Turkey
03/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
40
17366/20
Hocaoğlu v. Turkey
27/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
41
17398/20
Aygün v. Turkey
09/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
42
17441/20
Akyol v. Turkey
03/04/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
43
17478/20
Bozdağ v. Turkey
03/04/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
44
17570/20
Önder v. Turkey
03/04/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
45
17668/20
Bostancı v. Turkey
08/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
46
17693/20
Horozcu v. Turkey
03/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
47
17919/20
Demir v. Turkey
13/04/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
48
17968/20
Keskin v. Turkey
17/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
49
18713/20
Çelik v. Turkey
21/04/2020
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
50
18743/20
Yükler v. Turkey
21/04/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
51
18782/20
Akgül v. Turkey
21/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
52
19023/20
Uğur v. Turkey
22/04/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
53
19024/20
Sağlık v. Turkey
22/04/2020
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
54
19145/20
Orhan v. Turkey
07/05/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
55
19180/20
Adem v. Turkey
06/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
56
20046/20
Gülenç v. Turkey
19/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
57
20426/20
Altun v. Turkey
30/04/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
58
20686/20
Aslan v. Turkey
14/05/2020
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
59
20843/20
İlter v. Turkey
30/04/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
60
20850/20
Gözütok v. Turkey
12/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
61
20990/20
Tezcan v. Turkey
28/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
62
21186/20
Türer v. Turkey
29/04/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
63
21194/20
Lafcı v. Turkey
06/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
64
21238/20
Sağlam v. Turkey
05/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
65
21239/20
Yeşil v. Turkey
28/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
66
21248/20
Alada v. Turkey
29/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
67
21269/20
Topçu v. Turkey
05/05/2020
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/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
68
21320/20
Tekin v. Turkey
08/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
69
21419/20
Öztürk v. Turkey
05/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
70
21462/20
Koçoğlu v. Turkey
29/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
71
21557/20
Darama v. Turkey
05/03/2020
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
72
21730/20
Aktunç v. Turkey
27/04/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
73
21770/20
Adiyeke v. Turkey
11/05/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
74
22575/20
Maraşlıoğlu v. Turkey
08/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
75
22695/20
Arik v. Turkey
26/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
76
22976/20
Ateş v. Turkey
21/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
77
23005/20
Ormantepe v. Turkey
22/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
78
23035/20
Taşcı v. Turkey
08/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
79
23037/20
Eren v. Turkey
22/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
80
23055/20
Şaşmaz v. Turkey
22/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
81
23075/20
Demir v. Turkey
22/05/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
82
23153/20
Özkan v. Turkey
08/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
83
23317/20
Meydan v. Turkey
13/05/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
84
23344/20
Aksoy v. Turkey
08/06/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
85
23361/20
Ayva v. Turkey
27/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
86
23687/20
Baysal v. Turkey
13/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
87
23691/20
Yumurtacı v. Turkey
15/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
88
23785/20
Şeker v. Turkey
20/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
89
23894/20
Dal v. Turkey
27/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
90
23970/20
Demir v. Turkey
15/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
91
23987/20
Duman v. Turkey
29/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
92
24024/20
Ataş v. Turkey
29/05/2020
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
93
24050/20
Gökalp v. Turkey
03/06/2020
Length of pre-trial detention
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
94
24067/20
Bedirhanbeyoğlu v. Turkey
01/06/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
95
24103/20
Çiçek v. Turkey
29/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
96
24275/20
Adıgüzel v. Turkey
01/06/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
97
24405/20
Yorulmaz v. Turkey
15/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
98
24635/20
Aslan v. Turkey
10/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
99
24639/20
Baydovan v. Turkey
10/06/2020
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
100
24659/20
Arslan v. Turkey
21/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
101
24843/20
Atlar v. Turkey
10/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
102
25197/20
Artantaş v. Turkey
05/06/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
103
25198/20
Eçik v. Turkey
04/06/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
104
25219/20
Ulaş v. Turkey
05/06/2020
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
105
25520/20
Tercan v. Turkey
05/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
106
25539/20
Toprak v. Turkey
05/06/2020
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
107
25546/20
Akbaba v. Turkey
24/06/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
108
25638/20
Erol v. Turkey
17/06/2020
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
109
25785/20
Kılıç v. Turkey
19/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
110
26804/20
Karabacak v. Turkey
09/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
111
26836/20
Güngör v. Turkey
11/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
112
26901/20
Kardaş v. Turkey
11/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
113
26913/20
Berk v. Turkey
17/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
114
26942/20
Evcimik v. Turkey
08/06/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
115
26961/20
Tunç v. Turkey
05/06/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
116
27091/20
Gültekin v. Turkey
24/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
117
27142/20
Batmaz v. Turkey
18/06/2020
Failure/Delay in examining requests for enlargement/objection
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
118
27268/20
Kaya v. Turkey
19/06/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
119
27271/20
Yavuz v. Turkey
12/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
120
27404/20
Özcan v. Turkey
05/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
121
27911/20
Sözen v. Turkey
01/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
122
28026/20
Yalçın v. Turkey
19/06/2020
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
123
28118/20
Yılmaz v. Turkey
24/06/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
124
28357/20
Şenocak v. Turkey
10/06/2020
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
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
125
28472/20
Kaya v. Turkey
25/06/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
126
28890/20
Çevik v. Turkey
01/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
127
28936/20
Kavçakar v. Turkey
10/06/2020
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
128
29004/20
Gündüz v. Turkey
16/06/2020
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
129
29075/20
Uğur v. Turkey
23/06/2020
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
130
29622/20
Karakaş v. Turkey
03/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
131
29755/20
Kara v. Turkey
13/07/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
132
29933/20
Akyüz v. Turkey
17/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
133
29970/20
Kenben v. Turkey
25/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
134
30009/20
Özen v. Turkey
08/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
135
30048/20
Kılıçdoğan v. Turkey
22/06/2020
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
136
30118/20
Polat v. Turkey
23/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
137
30405/20
Seyis v. Turkey
16/07/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
138
30439/20
Şahin v. Turkey
17/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
139
30681/20
Ançaza v. Turkey
08/07/2020
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
140
31092/20
Çalışkan v. Turkey
03/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
141
31315/20
Polat v. Turkey
06/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
142
31502/20
Çakmak v. Turkey
09/07/2020
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/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
143
31504/20
Bulcun v. Turkey
14/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
144
31507/20
Şahin v. Turkey
09/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
145
31603/20
Güngör v. Turkey
10/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
146
32063/20
Kazan v. Turkey
27/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
147
32766/20
Durmuş v. Turkey
21/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
148
32952/20
Artantaş v. Turkey
24/07/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
149
33022/20
Genç v. Turkey
21/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
150
33282/20
Kavak v. Turkey
23/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
151
33405/20
İncebacak v. Turkey
21/07/2020
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
152
33412/20
Güler v. Turkey
21/07/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
153
33596/20
Coşkun v. Turkey
24/07/2020
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
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
154
33601/20
Esgiyer v. Turkey
17/06/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
155
33767/20
Altuntaş v. Turkey
22/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
156
33856/20
Abbas v. Turkey
29/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
157
34393/20
Çetin v. Turkey
14/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
158
34415/20
Bulut v. Turkey
14/07/2020
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
159
34693/20
Zengin v. Turkey
16/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
160
34765/20
Doğanay v. Turkey
17/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
161
34782/20
Altun v. Turkey
20/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
162
34783/20
Bedir v. Turkey
17/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
163
34904/20
Çelik v. Turkey
07/07/2020
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of hearing during the detention review
Lack of reasonable suspicion
164
34967/20
Güneş v. Turkey
05/08/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
165
35561/20
Ertuğrul v. Turkey
28/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
166
35674/20
Çakmak v. Turkey
29/07/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
167
35719/20
Karaçalıoğlu v. Turkey
08/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
168
35753/20
Işık v. Turkey
04/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
169
35889/20
Öngün v. Turkey
08/07/2020
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
170
36161/20
Pınar v. Turkey
29/07/2020
Delay in examination by the Constitutional Court
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
171
36180/20
Arslan v. Turkey
06/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
172
36186/20
Yağız v. Turkey
29/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
173
36191/20
Yılmaz v. Turkey
07/08/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
174
36371/20
Karakoç v. Turkey
06/08/2020
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
175
36376/20
Sönmez v. Turkey
08/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
176
36463/20
Demir v. Turkey
30/07/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
177
36689/20
Taslak v. Turkey
09/07/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
178
36695/20
Demirdaş v. Turkey
05/08/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
179
36753/20
Barut v. Turkey
10/08/2020
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
180
36760/20
Taşkın v. Turkey
06/08/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
181
36830/20
Oğuz v. Turkey
18/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
182
37181/20
Işıklı v. Turkey
29/07/2020
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
183
37312/20
Öztaş v. Turkey
12/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
184
37333/20
Türker v. Turkey
13/08/2020
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
185
37360/20
Cömert v. Turkey
29/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
186
37442/20
Durak v. Turkey
28/07/2020
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
187
37881/20
Çayırlı v. Turkey
10/08/2020
Lack of hearing during the detention review
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
188
37921/20
Yayan v. Turkey
11/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
189
38262/20
Kaya v. Turkey
11/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
190
38352/20
Akkuş v. Turkey
17/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
191
38459/20
Yıldız v. Turkey
12/08/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
192
39043/20
Büyüköz v. Turkey
18/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
193
39961/20
Bal v. Turkey
25/08/2020
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
194
40176/20
Öksüz v. Turkey
25/08/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
195
40219/20
Yılmaz v. Turkey
31/08/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
196
40508/20
Serbest v. Turkey
28/08/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
197
40610/20
Çelik v. Turkey
21/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
198
41134/20
Balcı v. Turkey
28/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
199
41396/20
Ertürk v. Turkey
02/09/2020
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
200
41545/20
Taşboğaz v. Turkey
01/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
201
41551/20
Acar v. Turkey
28/08/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
202
41692/20
Önalan v. Turkey
15/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
203
41885/20
Yılmaz v. Turkey
19/08/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
204
41928/20
Topuz v. Turkey
01/09/2020
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
205
42102/20
Aksoy v. Turkey
01/09/2020
Failure/Delay in examining requests for enlargement/objection
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
206
42198/20
Solak v. Turkey
03/09/2020
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
207
42199/20
Kaya v. Turkey
03/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
208
42333/20
Öztürk v. Turkey
04/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
209
42398/20
Şahan v. Turkey
03/09/2020
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
210
42410/20
Cihan v. Turkey
04/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
211
43040/20
Taymaz v. Turkey
15/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
212
43092/20
Yıldırım v. Turkey
08/09/2020
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
213
43099/20
Kurşun v. Turkey
10/09/2020
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
214
43200/20
Acar v. Turkey
17/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
215
43205/20
Tuşan v. Turkey
18/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
216
43230/20
Aydın v. Turkey
15/09/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
217
43239/20
Şimşek v. Turkey
11/09/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
218
43326/20
Telli v. Turkey
16/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
219
43470/20
Macar v. Turkey
17/09/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion