Published on 13 December 2021
SECOND SECTION
Application no. 43550/20
Murat KÜÇÜKGÖZ against Turkey
and 195 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;
- 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” 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?
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?
APPENDIX
List of applications
No.
App. no
Case Title
Date of introduction
Complaints
1
43550/20
Küçükgöz v. Turkey
16/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
2
43649/20
Avcu v. Turkey
18/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
3
43660/20
Güneri v. Turkey
24/09/2020
Length of pre-trial detention
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
4
43696/20
Karaburçak v. Turkey
22/09/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
5
43721/20
Akdağ v. Turkey
10/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
6
43990/20
Likoğlu v. Turkey
16/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
7
44002/20
Polat v. Turkey
15/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
8
44063/20
Kavlak v. Turkey
14/08/2020
Length of pre-trial detention
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
9
44088/20
Yüksel v. Turkey
03/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
10
44213/20
Soydaş v. Turkey
10/09/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
11
44249/20
Keskin v. Turkey
28/09/2020
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
12
44261/20
Tiryaki v. Turkey
04/09/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
13
44393/20
Durak v. Turkey
25/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
14
44399/20
Maden v. Turkey
23/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
15
44488/20
Karagöz v. Turkey
21/09/2020
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
16
44528/20
Yıldız v. Turkey
03/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
17
44838/20
Eski v. Turkey
10/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
18
44928/20
Kara v. Turkey
21/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
19
44932/20
Ayrılmaz v. Turkey
22/09/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
20
45251/20
Yiğit v. Turkey
02/10/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
21
45804/20
Yiğit v. Turkey
08/10/2020
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
22
45814/20
Şen v. Turkey
01/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
23
45836/20
Dokuz v. Turkey
30/09/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
24
46018/20
Altun v. Turkey
01/10/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
25
46069/20
Okka v. Turkey
08/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
26
46070/20
Özden v. Turkey
08/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
27
46177/20
Demir v. Turkey
02/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
28
46465/20
Aslantaş v. Turkey
08/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
29
46468/20
Can v. Turkey
08/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
30
46680/20
İmir v. Turkey
08/10/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
31
46879/20
Çoban v. Turkey
08/10/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of hearing during the detention review
Lack of reasonable suspicion
32
47307/20
Kör v. Turkey
14/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
33
47348/20
Polat v. Turkey
13/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
34
47378/20
Kanat v. Turkey
12/10/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
35
47622/20
Şenyurt v. Turkey
22/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
36
47697/20
Güney v. Turkey
13/10/2020
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 of reasonable suspicion
37
47812/20
Gülek v. Turkey
16/10/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
38
47814/20
Kurt v. Turkey
19/10/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
39
48952/20
Emeç 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
40
48982/20
Kanak v. Turkey
20/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
41
49075/20
Toruk v. Turkey
27/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
42
49676/20
Fırat v. Turkey
21/10/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
43
49690/20
Yücel v. Turkey
23/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
44
50182/20
Uçar v. Turkey
21/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
45
50616/20
Akan v. Turkey
23/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
46
50656/20
Boz v. Turkey
05/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
47
50844/20
Abanoz v. Turkey
05/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
48
51010/20
Şahin v. Turkey
02/11/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
49
51131/20
Canbulat v. Turkey
05/11/2020
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
51139/20
Çelikoğlu v. Turkey
05/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
51
51256/20
Çelen v. Turkey
04/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
52
51374/20
Ercan v. Turkey
04/11/2020
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
53
51444/20
Oruç v. Turkey
04/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
54
51510/20
Keklik v. Turkey
05/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
55
51814/20
Tutal v. Turkey
09/11/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
56
51879/20
Kaplan v. Turkey
11/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
57
51915/20
Uçar v. Turkey
17/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
58
52055/20
Şen v. Turkey
13/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
59
52091/20
Muradalan v. Turkey
13/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
60
52143/20
Turan v. Turkey
11/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
61
52181/20
Özsarı v. Turkey
24/06/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
62
52214/20
Şahin v. Turkey
02/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
63
52221/20
Duran v. Turkey
09/11/2020
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
64
52331/20
Kara v. Turkey
26/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
65
52597/20
Çınar v. Turkey
16/11/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
66
52743/20
Yalçın v. Turkey
17/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
67
52796/20
Kara v. Turkey
17/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
68
52952/20
Bal v. Turkey
21/07/2020
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
69
53047/20
Erdoğdu v. Turkey
27/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
70
53162/20
İncebacak v. Turkey
08/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
71
53938/20
Bağdat v. Turkey
30/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
72
53956/20
Yazbahar v. Turkey
09/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
73
54007/20
Küçükkaya v. Turkey
10/08/2020
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
Lack of reasonable suspicion
74
54296/20
Ünveren v. Turkey
20/11/2020
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
75
54391/20
Özdemir v. Turkey
20/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
76
54573/20
Minnetoğlu v. Turkey
01/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
77
54637/20
Koca v. Turkey
20/11/2020
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 hearing during the detention review
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
78
54798/20
Tekbaş v. Turkey
23/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
79
54832/20
Berber v. Turkey
15/10/2020
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
80
54849/20
Önce v. Turkey
15/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
81
55029/20
Şanlı v. Turkey
26/10/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
82
55290/20
Çiftçi v. Turkey
30/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
83
55503/20
Bozköylü v. Turkey
20/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
84
55510/20
Gün v. Turkey
24/11/2020
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
85
55862/20
Keskin v. Turkey
26/11/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
86
41/21
Pakır v. Turkey
03/12/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
87
70/21
Çaparoğlu v. Turkey
07/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
88
72/21
Güner v. Turkey
02/12/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
89
103/21
Kaya v. Turkey
04/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
90
162/21
Demircan v. Turkey
02/12/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
91
493/21
Ayçiçek v. Turkey
03/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
92
963/21
Koçal v. Turkey
15/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
93
1047/21
Ardıç v. Turkey
18/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
94
1160/21
Kaya v. Turkey
08/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
95
1202/21
Ciğerci v. Turkey
18/12/2020
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
96
1386/21
Aydemir v. Turkey
26/11/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
97
1537/21
Çevik v. Turkey
24/12/2020
Length of pre-trial detention
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 of reasonable suspicion
98
1622/21
Atasever v. Turkey
22/12/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
99
1756/21
Delice v. Turkey
23/12/2020
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
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
100
1916/21
Gündüz v. Turkey
21/12/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
101
1969/21
Karaduman v. Turkey
22/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
102
2000/21
Bat v. Turkey
10/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
103
2344/21
Durmaz v. Turkey
25/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
104
2362/21
Uslu v. Turkey
08/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
105
2526/21
Mirici v. Turkey
24/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
106
3082/21
Bozkurt v. Turkey
30/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
107
3107/21
Tokatlı v. Turkey
16/12/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
108
3182/21
Karaca v. Turkey
28/12/2020
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
No effective remedy to compensation
Lack of reasonable suspicion
109
3196/21
Kaya v. Turkey
08/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
110
3454/21
Bozkurt v. Turkey
28/12/2020
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
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
111
3584/21
Keskin v. Turkey
31/12/2020
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
112
3606/21
Kodal v. Turkey
23/12/2020
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
113
3867/21
Gökmen v. Turkey
30/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
114
3891/21
Bozkurt v. Turkey
31/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
115
3939/21
Kaya v. Turkey
10/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
116
4313/21
Hacımustafaoğlu v. Turkey
30/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
117
5278/21
Ay v. Turkey
06/01/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
118
6002/21
Şahin v. Turkey
07/01/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
119
6115/21
Yoldaş v. Turkey
25/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
120
7448/21
Salbaş v. Turkey
28/01/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
121
7505/21
Akbulut v. Turkey
28/01/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
122
7862/21
Özcan v. Turkey
28/01/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
123
8613/21
Şahin v. Turkey
26/01/2020
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
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
124
8773/21
Yılmaz v. Turkey
03/11/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
125
8842/21
Genç v. Turkey
03/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
126
8879/21
Buğdaylıgil v. Turkey
02/02/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
127
9312/21
Kırtay v. Turkey
09/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
128
9428/21
Çakmak v. Turkey
21/01/2021
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
129
9574/21
Şahbaz v. Turkey
20/01/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
130
9763/21
Dal v. Turkey
11/02/2021
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
131
9925/21
Dilevci v. Turkey
07/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
132
9942/21
Ağaçdan v. Turkey
03/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
133
10265/21
Deniz v. Turkey
27/01/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
134
10357/21
Çiyik v. Turkey
08/02/2021
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
135
11322/21
Çalış v. Turkey
04/12/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
136
11982/21
Kılınçarslan v. Turkey
08/02/2021
Length of pre-trial detention
Delay in examination by the Constitutional Court
Failure/Delay in examining requests for enlargement/objection
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of hearing during the detention review
Lack of reasonable suspicion
137
12073/21
Yaman v. Turkey
18/02/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
138
12213/21
Canbolat v. Turkey
11/02/2021
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
12500/21
Kaya v. Turkey
09/01/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
140
12986/21
Orhan v. Turkey
04/03/2021
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
141
13004/21
Çınar v. Turkey
23/02/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
142
13288/21
Aksoy v. Turkey
19/02/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
143
13371/21
Bıyıklı v. Turkey
24/02/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
144
13553/21
Yılmaz v. Turkey
01/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
145
13576/21
Karkın v. Turkey
26/02/2021
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack/Difficulties of legal assistance/other facilities
Lack of hearing during the detention review
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
146
13843/21
Çatkaya v. Turkey
23/02/2021
Length of pre-trial detention
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
147
14091/21
Bilgin v. Turkey
26/02/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
148
14507/21
Er v. Turkey
05/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
149
14559/21
Topcan v. Turkey
04/03/2021
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
150
14583/21
Genç v. Turkey
03/03/2021
Length of pre-trial detention
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
151
14885/21
Kaya v. Turkey
08/07/2020
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
152
15044/21
Örük v. Turkey
10/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
153
15719/21
Usta v. Turkey
10/03/2021
Length of pre-trial detention
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 of reasonable suspicion
154
15978/21
Yıldırım v. Turkey
19/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
155
15979/21
Çömçe v. Turkey
10/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
156
16689/21
Acar v. Turkey
10/03/2021
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
157
16942/21
Ahmetoğlu v. Turkey
17/03/2021
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
158
17216/21
Dayanır v. Turkey
17/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
159
17686/21
Akgün v. Turkey
30/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
160
17942/21
Eryiğit v. Turkey
19/03/2021
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
161
17953/21
Özmen v. Turkey
18/03/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
162
18061/21
Süvari v. Turkey
24/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
163
18267/21
Kaynak v. Turkey
29/03/2021
Length of pre-trial detention
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
164
18585/21
Aydoğmuş v. Turkey
31/03/2021
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
18714/21
Doğan v. Turkey
25/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
166
19144/21
İnci v. Turkey
01/04/2021
Length of pre-trial detention
Lack of hearing during the detention review
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
167
20844/21
Akelma v. Turkey
26/02/2021
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
168
20845/21
Fındık v. Turkey
02/02/2021
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
169
21770/21
Gündoğdu v. Turkey
05/04/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
170
22031/21
Keskin v. Turkey
09/04/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
171
22115/21
Çete v. Turkey
16/04/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
172
22325/21
Akpınar v. Turkey
16/04/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
173
22753/21
Topal v. Turkey
28/01/2021
Lack of relevant and sufficient reasons for detention
Failure/Delay in examining requests for enlargement/objection
174
24675/21
Uyanık v. Turkey
07/05/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
175
25936/21
Celepoğlu v. Turkey
19/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
176
26131/21
Demir v. Turkey
22/04/2021
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
177
26712/21
Ertuğral v. Turkey
06/05/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
178
27480/21
Sönmez v. Turkey
18/05/2021
Length of pre-trial detention
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
179
28241/21
Delibaş v. Turkey
18/05/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
180
28242/21
Songur v. Turkey
28/05/2021
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
181
28697/21
Acar v. Turkey
31/05/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of hearing during the detention review
Lack of reasonable suspicion
182
31069/21
Erbil v. Turkey
10/06/2021
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
183
31574/21
Yücel v. Turkey
11/06/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
184
34449/21
Er v. Turkey
11/06/2021
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
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
185
34615/21
Bacaklıoğlu v. Turkey
07/06/2021
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
186
36015/21
Yalçın v. Turkey
02/07/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
187
36762/21
Çandik v. Turkey
07/07/2021
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
188
37207/21
Karaman v. Turkey
14/07/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
189
37266/21
Karakoç v. Turkey
13/07/2021
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
190
38533/21
Karapınar v. Turkey
01/07/2021
Length of pre-trial detention
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
191
38710/21
Ersöyleyen v. Turkey
24/06/2021
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
192
39726/21
Pehlivan v. Turkey
04/08/2021
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
193
39745/21
Adam v. Turkey
16/07/2021
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
194
40386/21
Güç v. Turkey
02/08/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
195
43989/21
Baktır v. Turkey
09/08/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
196
45661/21
Aslan v. Turkey
27/08/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion