Communicated on 11 June 2020
Published on 29 June 2020
SECOND SECTION
Application no. 56483/16
İbrahim Ethem KURİŞ against Turkey
and 104 other applications
(see list appended)
STATEMENT OF FACTS
1. A list of the applicants is set out in the appendix.The circumstances of the case
2. The facts of the case, as submitted by the applicants, may be summarised as follows.Background of the cases
3. During the night of 15 to 16 July 2016 a group of members of the Turkish armed forces calling themselves the “Peace at Home Council” attempted to carry out a military coup aimed at overthrowing the democratically installed parliament, government and President of Turkey.
4. During the attempted coup, soldiers under the instigators’ control bombarded several strategic State buildings, including the parliament building and the presidential compound, attacked the hotel where the President was staying, and held the Chief of General Staff hostage. They also attacked television channels and fired shots at demonstrators. During the night of violence, more than 250 people were killed and more than 2,500 were injured.
5. The day after the attempted military coup, the national authorities blamed the network linked to Fetullah Gülen, a Turkish citizen living in Pennsylvania (United States of America) and considered to be the leader of an organisation known as FETÖ/PDY (“Gülenist Terror Organisation/Parallel State Structure”). Several criminal investigations were subsequently initiated by the appropriate prosecuting authorities in respect of suspected members of that organisation.
6. On 16 July 2016, the Council of Judges and Prosecutors (Hakimler ve Savcılar Kurulu – hereinafter “HSK”) suspended from office 2,735 judges and prosecutors, including some of the applicants, for a period of three months, pursuant to Article 77 § 1 and Article 81 § 1 of Law no. 2802. The HSK held that there were strong suspicions that the judges were members of the terrorist organisation that had undertaken the attempted coup d’état and that their remaining in office would undermine the proper conduct of the investigation and the authority and reputation of the judiciary. In doing so, HSK relied on information and documents contained in investigation files transmitted to it before the attempted coup d’état, as well as on information obtained as a result of investigations carried out by the intelligence services.
7. On 20 July 2016 the Government declared a state of emergency for a period of three months as from 21 July 2016; the state of emergency was subsequently extended for further periods of three months by the Council of Ministers, chaired by the President.
8. On 21 July 2016 the Turkish authorities gave notice to the Secretary General of the Council of Europe of derogation from the Convention under Article 15.
9. During the state of emergency, the Council of Ministers chaired by the President passed thirty-seven legislative decrees (nos. 667-703) under Article 121 of the Constitution. One of them, Legislative Decree no. 667, published in the Official Gazette on 23 July 2016, provided in particular, under its Article 3, that the HSK was authorised to dismiss any of its members who were considered to belong to or be affiliated with or linked to terrorist organisations or organisations, structures or groups found by the National Security Council to have engaged in activities that were harmful to national security. The legislative decrees also placed significant restrictions on the procedural safeguards laid down in domestic law for anyone held in police custody or pre-trial detention (for example, extension of the period in which people could be held in police custody, and restrictions on access to case files and on the examination of objections against detention orders).
10. On 10 August 2016, HSK further suspended 648 magistrates from their posts for a period of three months, including some of the applicants, on the grounds that they belonged to, or were affiliated with or linked to the FETÖ/PDY.
11. By a decision of 24 August 2016, pursuant to Article 3 of Legislative Decree no. 667, the HSK, meeting in plenary session, dismissed 2,847 judges, all of whom were considered to be members of, affiliated with or linked to the FETÖ/PDY. Then, by a decision of 31 August 2016, it dismissed 543 other judges for the same reason. The applicants were thus dismissed from their functions.
12. On 18 July 2018, the state of emergency was lifted.Personal situation of the applicants
(a) The applicants’ arrests and pre-trial detention
13. On 16 July 2016, the office for offences undermining the constitutional order of the Ankara prosecutor’s office opened a criminal investigation and notified all regional and departmental prosecutors. Acting within the framework of that investigation, the prosecutors initiated criminal investigations into the involvement, during or after the attempted coup d’état, of persons linked with the FETÖ/PDY and of those not directly involved but having links with that organisation, including some members of the judiciary.
14. The applicants were taken into police custody on various dates in the course of those investigations. At the end of their detention in police custody, they were brought before the magistrate’s courts, which ordered their detention on remand. The magistrate’s courts relied essentially on the fact that the applicants had been suspended from their functions by the HSK on the grounds that they were members of the organisation that had undertaken the coup d’état, and that the Ankara public prosecutor’s office had requested that an investigation be initiated into their involvement. The judges took into consideration the nature of the offence with which the applicants were charged, the evidence adduced and the potential penalty. They also noted that the investigations into the attempted coup d’état were being conducted nationwide, that statements had not been collected from all suspects, and that the offence with which they were charged was among the “catalogued” offences listed in Article 100 § 3 of the Code of Criminal Procedure (the “CCP”). The judges concluded that the applicants’ pre-trial detention appeared, at that stage, to be a proportionate measure.
15. Objections lodged by the applicants against the detention decisions were dismissed by other magistrate’s courts, in similar terms to the first decisions.
(b) Decisions on the continuation of the applicants’ pre-trial detention and the dismissal of their objections
16. The applicants’ continued pre-trial detention was reviewed automatically pursuant to Article 108 of the CCP, which provides for a review every thirty days. The judges ruled on the applicants’ requests for release at the same time as the detention reviews, pursuant to Article 3, paragraph 1 (ç), of Legislative Decree no. 668.
17. In most cases, the magistrate’s courts ordered the continued pre-trial detention of the applicants, along with several other suspects. In their decisions, they essentially repeated the reasons given in the original detention decisions. They noted that a large proportion of those suspected of being members of FETÖ/PDY had fled and were still wanted. Taking into account the resources available to that organisation and its characteristics, the judges considered that there was a risk that the applicants might abscond, tamper with evidence and reoffend. The judges also stressed the seriousness of the offence with which the applicants were charged and the fact that not all the evidence had yet been collected. They concluded that the decisions to continue detention were in accordance with the information, documents and evidence contained in the investigation files. They added that given that there was still a clear and imminent danger associated with the attempted coup d’état, continued detention appeared to be a proportionate measure. They specified that since the suspects were former magistrates, there was a risk that they would try to influence or put pressure on the magistrates in office.
18. In subsequent decisions on continued pre-trial detention, the magistrate’s courts also relied on the use of the ByLock encrypted messaging system by the persons concerned, and on witness statements.
19. Objections lodged by the applicants were rejected by the magistrate’s courts, which relied on grounds similar to those indicated in their previous decisions.
20. At the investigation stage, both applications for extension of the detention and objections to decisions to continue detention were examined on the basis of the case files, pursuant to Article 6, paragraph 1, subparagraph 1, of Legislative Decree no. 667.
21. On various dates, the first-instance courts convicted some of the applicants of membership of a terrorist organisation. The criminal proceedings against them are still ongoing.
22. During the trial, the trial courts, ruling either at the end of the hearings or during reviews carried out between the hearings, ordered the applicants’ continued detention. Appeals lodged against those decisions were dismissed.
(c) Individual applications to the Constitutional Court
23. The applicants each lodged one or more individual applications before the Constitutional Court. On different dates, the Constitutional Court declared the applications inadmissible. As can be seen from those decisions, the various complaints submitted by the applicants were declared inadmissible on the following grounds:
24. With regard to the lawfulness of the applicants’ detention, the Constitutional Court noted that, according to the indictments and/or the investigation files, the applicants were users of ByLock. It considered that, given the characteristics of that application, its use or its downloading for use could be considered by the investigating authorities as evidence of a link with FETÖ/PDY. In this connection, it referred to its judgment in the case of Aydın Yavuz, delivered on 20 June 2017. The use of encryption by the applicants had been considered, depending on the circumstances of the case, as “strong evidence” that they had committed the offence of membership of FETÖ/PDY. Consequently, it could not be concluded that the investigating authorities or the courts that had decided on detention had taken an unfounded and arbitrary approach. In addition, taking into account the reasons given in the decisions on detention and the dismissal of objections, the Constitutional Court held that there were grounds for detention and that the measure was proportionate. It also considered the applicants’ grievances to be manifestly unfounded. As concerns some of the applicants, the Constitutional Court noted that the indictments and/or investigation files contained witness statements indicating that the applicants were members of FETÖ/PDY. They had therefore been detained on the basis of “reasonable grounds to suspect” that they had committed an offence.
25. As regards the complaints that the magistrate’s courts were not independent and impartial, and that the examination of the appeals by the same judges had deprived the applicants of an effective remedy against the deprivation of liberty, the Constitutional Court noted that it had already examined those complaints in several cases. Having taken into consideration the structural characteristics of the magistrate’s courts, it had concluded that the complaints were manifestly ill-founded. The Constitutional Court held that there was no reason to reach a different conclusion in the applicants’ cases. It also declared inadmissible the applicants’ complaints that magistrates lacked knowledge of certain procedural guarantees, as well as their complaints that the justice of the peace had lacked jurisdiction to decide on detention, as manifestly ill-founded. Given the nature of the offence with which the applicants were charged and the manner in which it had been committed, the Constitutional Court considered that it was appropriate to accept the ruling of the magistrate’s courts which had ordered the applicants’ detention, and found no error of assessment or arbitrariness.
26. With regard to the absence of a hearing during the review of the detention decision, the Constitutional Court considered that there was no reason to depart from its landmark decision in the case of Aydın Yavuz, in which it had considered that the absence of a hearing during the review of the detention decision, lasting approximately nine months, had not violated the right to liberty and security. It therefore considered that those complaints were manifestly ill-founded.
27. With regard to the restriction on access to the investigation file, the Constitutional Court considered, after examining the transcripts of the hearing, that the decisions relating to the applicants’ detention, the objections against those decisions lodged by the applicants or their lawyers, and the documents and information contained in the investigation file, that the applicants had been informed of the elements that constituted the main grounds for detention, that they had had sufficient knowledge of their content and that they had been given the opportunity to challenge the decisions on their detention. It also found those grievances to be manifestly ill-founded.
28. With regard to the applicants’ complaints regarding the lawfulness and length of their police custody, based on its well-established case-law on the subject, the Constitutional Court declared those complaints inadmissible for failure to exhaust the compensation remedy provided for in Article 141 of the CCP.
29. The Constitutional Court dismissed the complaints lodged by some of the applicants concerning the lack of an oral hearing, non-notification or belated notification of the detention decision, and lack of or delay in the examination of the case by the magistrate’s courts on the grounds that they had failed to use the compensation remedy provided for by Article 141 of the CCP.
30. The Constitutional Court also dismissed the remaining complaints on the grounds that the applicants had not used the appropriate remedies.Relevant domestic law and practice
31. The relevant domestic law and practice are set out in Alparslan Altan v. Turkey (no. 12778/17, §§ 46-64, 16 April 2019) and Baş v. Turkey, (no. 66448/18, §§ 52-104, 3 March 2020).
COMPLAINTS
32. The applicants complained of a violation of Article 5 of the Convention for the following reasons:
- Some of the applicants claim that they were remanded in detention in breach of the procedural guarantees provided for in domestic law for prosecutors and judges.
- Some of the applicants complain that they were held in detention in the absence of any suspicion that they had committed an offence and without relevant and sufficient grounds.
- Some of the applicants claim that the length of their pre-trial detention was excessive.
- Some of the applicants complain that the domestic courts did not hold a hearing when reviewing their pre-trial detention, that they were not notified of the opinion of the public prosecutor on those reviews and that their access to the investigation file was restricted.
- Some of the applicants complain that their release requests and objections were not examined or were examined belatedly.
- Some of the applicants complain that the decisions to extend their detention were not notified to them or were notified belatedly, and that therefore they were unable to appeal against those decisions.
- Some of the applicants complain that they did not receive effective legal assistance and facilities to challenge their detention; in particular, their communication with their lawyers was monitored by the prison authorities.
- Some of the applicants complain that the time taken by the Constitutional Court to conduct its examination of the case was excessive.
- Lastly, some applicants allege that there was no remedy available to them to obtain compensation.
The specific complaints in respect of each applicant can be found in the appended table.
QUESTIONS TO THE PARTIES
On the basis of the complaints communicated in accordance with the list in the Appendix
1. (a) Did the applicants’ pre-trial detention take place “in accordance with the law”, in particular taking into consideration the procedural guarantees provided to the judges and prosecutors by domestic law?
(b) Can the applicants be considered to have been detained on the basis of “reasonable grounds to suspect” 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)?
In particular, the parties are invited to answer this question taking into account,
- on the one hand, 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, and
- on the other hand, the fact that the Constitutional Court based the existence of reasonable suspicion on evidence discovered after the decisions had been taken to detain the applicants.
2. Can it be considered that the judges who ordered the applicants’ pre-trial detention and examined the objections lodged against that measure fulfilled their obligations to provide relevant and sufficient grounds in support of the deprivation of liberty in question (see, in particular, Buzadji v. Republic of Moldova [GC], no. 23755/07, § 102, ECHR 2016 (extracts))?
3. Was the length of the applicants’ pre-trial detention in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?
4. Did the applicants have at their disposal a 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:
- that 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;
- because of the restriction imposed on their access to the case file, they had been unable to challenge effectively their detention;
- that their objections had not been examined or had been examined belatedly;
- that the decisions to extend their detention had not been notified to them or had been notified belatedly, so they had been unable to lodge objections against them;
- that they had had no effective legal assistance or facilities to challenge their detention; in particular, that their communication with their lawyers had been monitored;
- and lastly, that the time taken by the Constitutional Court to examine their individual applications had been protracted.
5. Was the compensation remedy provided for by Article 141 of the Code of Criminal Procedure considered an effective remedy for complaints concerning lack of an oral hearing, for failure to notify or belated notification of the detention decision and, lastly, lack of or delay in the examination by the magistrate’s court under Article 5 § 4 of the Convention? If so, the Government are requested to produce a copy of the court decisions awarding compensation, on the basis of those provisions, to a litigant in a situation similar to that of the applicants.
6. Did the applicants have, as required by Article 5 § 5 of the Convention, an effective and enforceable right in court to obtain compensation for their detention, which they consider to have been contrary to Article 5 §§ 1, 3 and 4?
APPENDIX
No.
Application no.
Case title
Date Of Intro
Complaints for each application
1
56483/16
Kuriş v. Turkey
30/09/2016
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
2
75881/16
Geleş v. Turkey
22/11/2016
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
No effective remedy to compensation
3
1101/17
Bozoğlu v. Turkey
01/12/2016
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
4
12183/17
M.D. v. Turkey
11/01/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Delay in examination by the Constitutional Court
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Restriction of access to the investigation file
Failure to communicate the prosecutor’s opinion
5
12467/17
Aşılar v. Turkey
20/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
6
14626/17
Aydın v. Turkey
12/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
7
14638/17
Korkmaz v. Turkey
02/02/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
Restriction of access to the investigation file
8
14652/17
Taşkın v. Turkey
02/02/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
No effective remedy to compensation
9
14669/17
Bozkurt v. Turkey
23/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
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
10
14967/17
Kalkan v. Turkey
26/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Failure to communicate the prosecutor’s opinion
11
15051/17
Şenli v. Turkey
26/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
12
20092/17
Erdoğan v. Turkey
23/02/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack/Difficulties of legal assistance/other facilities
13
27336/17
Kılınçlı v. Turkey
24/02/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Failure/Delay in examining requests for enlargement/objection
Failure to communicate the prosecutor’s opinion
14
28577/17
Altintop v. Turkey
16/01/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Restriction of access to the investigation file
15
30652/17
Akbilek v. Turkey
17/02/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Lack of hearing during the detention review
No effective remedy to compensation
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
16
39578/17
Kaya v. Turkey
17/03/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Failure/Delay to communicate decisions relating to detention
17
40067/17
Rusum v. Turkey
05/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Restriction of access to the investigation file
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion/relevant and sufficient reasons
18
40704/17
Bayraktar v. Turkey
28/03/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
19
41477/17
Apaçık v. Turkey
24/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
20
41479/17
Ünal v. Turkey
18/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
21
41516/17
Zengin v. Turkey
11/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
22
41569/17
Ünlü v. Turkey
14/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
23
41619/17
Gültekin v. Turkey
05/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
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
No effective remedy to compensation
24
41823/17
Güleç v. Turkey
28/03/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack/Difficulties of legal assistance/other facilities
25
41894/17
Turhal v. Turkey
07/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
Restriction of access to the investigation file
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
26
42190/17
Kılıç v. Turkey
28/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
27
42848/17
Şevik v. Turkey
04/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
No effective remedy to compensation
28
43590/17
Aydoğan v. Turkey
04/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
29
43702/17
Can v. Turkey
26/04/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Lack/Difficulties of legal assistance/other facilities
30
43763/17
Kul v. Turkey
04/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Failure/Delay in examining requests for enlargement/objection
31
43953/17
Tekkoyun v. Turkey
28/04/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Failure to communicate the prosecutor’s opinion
32
44803/17
Gökkaya v. Turkey
03/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
33
48765/17
Parıltı v. Turkey
05/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Delay in examination by the Constitutional Court
34
49247/17
Çelik v. Turkey
24/03/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Failure/Delay in examining requests for enlargement/objection
Failure/Delay to communicate decisions relating to detention
35
51526/17
Şimşek v. Turkey
22/03/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
36
58445/17
Tekintaş v. Turkey
30/06/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Restriction of access to the investigation file
Failure to communicate the prosecutor’s opinion
37
58512/17
Togay v. Turkey
07/02/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
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
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
38
58551/17
Yüzlü v. Turkey
07/07/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Lack of hearing during the detention review
39
59691/17
Bakırcı v. Turkey
13/02/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
No effective remedy to compensation
40
60284/17
Öztürk v. Turkey
23/06/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
41
60332/17
Kara v. Turkey
04/07/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
Lack/Difficulties of legal assistance/other facilities
42
60335/17
Şahin v. Turkey
05/07/2017
Failure to comply with procedural guarantees provided for in domestic law
43
60374/17
Akın v. Turkey
10/07/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
44
60382/17
Dere v. Turkey
04/07/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
45
60999/17
Bostan v. Turkey
01/08/2017
Lack of reasonable suspicion/relevant and sufficient reasons
46
61592/17
Akarsu v. Turkey
15/06/2017
Lack of reasonable suspicion/relevant and sufficient reasons
47
62020/17
Kardeşler v. Turkey
02/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
48
62123/17
Uslan v. Turkey
26/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
Restriction of access to the investigation file
49
62610/17
Akpınar v. Turkey
25/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Failure to communicate the prosecutor’s opinion
50
62737/17
Uz v. Turkey
01/02/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Failure/Delay in examining requests for enlargement/objection
Failure to communicate the prosecutor’s opinion
Lack of hearing during the detention review
Failure/Delay to communicate decisions relating to detention
51
62750/17
Gürgen v. Turkey
14/06/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
52
62770/17
Doğan v. Turkey
02/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
53
62917/17
Duran v. Turkey
03/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
54
63724/17
Karadeniz v. Turkey
14/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Restriction of access to the investigation file
No effective remedy to compensation
55
63736/17
Sarpkaya v. Turkey
13/06/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
56
63769/17
Öztürk v. Turkey
13/06/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
Lack of hearing during the detention review
57
63771/17
Ekinci v. Turkey
18/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
No effective remedy to compensation
Lack/Difficulties of legal assistance/other facilities
58
63778/17
Duman v. Turkey
29/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
59
63802/17
Atıcı v. Turkey
29/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
60
63841/17
Dağlı v. Turkey
31/07/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
61
63973/17
Demir v. Turkey
25/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
62
64047/17
Kablan v. Turkey
24/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Restriction of access to the investigation file
Failure/Delay to communicate decisions relating to detention
63
66686/17
Kıran v. Turkey
23/01/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons. Failure/Delay in examining requests for enlargement/objection.
64
66689/17
M.T. v. Turkey
23/05/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
65
69580/17
Uyar v. Turkey
21/07/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
66
69728/17
Mercimek v. Turkey
03/08/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
67
70538/17
Ünüvar v. Turkey
08/08/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Restriction of access to the investigation file
68
70801/17
Arslanoğlu v. Turkey
18/08/2017
Lack of reasonable suspicion/relevant and sufficient reasons
69
71343/17
Yolaçar v. Turkey
15/09/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
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
Failure/Delay to communicate decisions relating to detention
70
71995/17
Yurtdakal v. Turkey
19/04/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
71
72339/17
Yılmaz v. Turkey
25/07/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
72
74763/17
Albayrak v. Turkey
03/10/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Restriction of access to the investigation file
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
73
74818/17
Bağcı v. Turkey
11/10/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
Restriction of access to the investigation file
74
77593/17
Aslan v. Turkey
16/02/2018
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
75
79060/17
Oktar v. Turkey
14/04/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
76
79632/17
Tekkoyun v. Turkey
19/10/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
77
82521/17
Pazar v. Turkey
13/06/2017
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
78
84065/17
Çakmak v. Turkey
13/11/2017
Lack of reasonable suspicion/relevant and sufficient reasons
79
84141/17
Akkaya v. Turkey
16/11/2017
Lack of reasonable suspicion/relevant and sufficient reasons
80
84630/17
Çolak v. Turkey
22/11/2017
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
81
6246/18
Kılıç v. Turkey
22/01/2018
Lack of reasonable suspicion/relevant and sufficient reasons
82
6504/18
Avcı v. Turkey
16/01/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Failure to communicate the prosecutor’s opinion
Lack of hearing during the detention review
83
8021/18
Can v. Turkey
02/02/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
84
9589/18
Akın v. Turkey
13/02/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
85
12531/18
Akarsu v. Turkey
08/03/2018
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Lack/Difficulties of legal assistance/other facilities
86
12596/18
Genç v. Turkey
09/02/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Restriction of access to the investigation file
87
12606/18
Akkuş v. Turkey
07/02/2018
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Restriction of access to the investigation file
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
88
12850/18
Belge v. Turkey
05/03/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
89
15312/18
Uzun v. Turkey
16/03/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack/Difficulties of legal assistance/other facilities
90
15892/18
Ercan v. Turkey
09/03/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack/Difficulties of legal assistance/other facilities
Failure/Delay to communicate decisions relating to detention
91
16812/18
Özdemir v. Turkey
27/03/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Lack of hearing during the detention review
Restriction of access to the investigation file
Failure/Delay to communicate decisions relating to detention
92
16949/18
Bekci v. Turkey
26/03/2018
Lack of reasonable suspicion/relevant and sufficient reasons
93
17137/18
Özdemir v. Turkey
19/03/2018
Lack of reasonable suspicion/relevant and sufficient reasons
94
17552/18
Kaya v. Turkey
19/02/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Restriction of access to the investigation file
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
95
18059/18
Durak v. Turkey
06/04/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
96
20018/18
Yorulmaz v. Turkey
02/03/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
97
20319/18
Hançerkıran v. Turkey
21/04/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
98
22181/18
Ketenoğlu v. Turkey
04/05/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
99
25239/18
İlci v. Turkey
18/05/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection,
Lack/Difficulties of legal assistance/other facilities
100
27032/18
Bayana v. Turkey
30/05/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
101
31224/18
Gül v. Turkey
22/06/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Delay in examination by the Constitutional Court
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack/Difficulties of legal assistance/other facilities
102
44794/18
Temel v. Turkey
07/09/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
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
Failure/Delay to communicate decisions relating to detention
103
47422/18
Sezgin v. Turkey
21/09/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
104
50781/18
Yapar v. Turkey
15/10/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
105
1493/19
Özdemir Şeker v. Turkey
21/12/2018
Failure to comply with procedural guarantees provided for in domestic law
Lack of reasonable suspicion/relevant and sufficient reasons
Restriction of access to the investigation file
Full & Egal Universal Law Academy