Published on 13 December 2021
SECOND SECTION
Application no. 56211/19
Enes MANAV against Turkey
and 214 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
56211/19
Manav v. Turkey
02/10/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
2
56248/19
Kama v. Turkey
30/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
3
56255/19
Polat v. Turkey
01/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
4
56429/19
Kahya v. Turkey
08/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
5
56516/19
Aydın v. Turkey
16/10/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
6
56639/19
Demirci v. Turkey
15/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
7
56685/19
Bilgin v. Turkey
11/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
8
56701/19
Yiğit v. Turkey
17/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
9
56887/19
Sarıdoğan v. Turkey
16/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
10
56917/19
Koçak v. Turkey
16/10/2019
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
11
56973/19
Üstün v. Turkey
10/10/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
12
57133/19
Dikik v. Turkey
17/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
13
57319/19
Kazancı v. Turkey
09/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
14
57452/19
Öztürk v. Turkey
10/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
15
57477/19
Kılıç v. Turkey
31/10/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
16
57578/19
Gökcen v. Turkey
24/10/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
17
57733/19
İlerde v. Turkey
04/10/2019
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
No effective remedy to compensation
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
18
57954/19
Demiroğlu v. Turkey
18/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
19
58352/19
Öztürk v. Turkey
30/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
20
58611/19
Aksu v. Turkey
07/11/2019
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
21
58696/19
Güngör v. Turkey
28/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
22
58724/19
Karaduman v. Turkey
24/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
23
58781/19
Yılmaz v. Turkey
25/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
24
58851/19
Karaaslan v. Turkey
24/10/2019
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
25
58859/19
Dikbaş v. Turkey
24/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
26
58963/19
Köseoğlu v. Turkey
31/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
27
59183/19
Keleş v. Turkey
25/10/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
28
59379/19
Kaya v. Turkey
01/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
29
59512/19
Düzgün v. Turkey
08/11/2019
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
30
59544/19
Aktürk v. Turkey
06/11/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
31
59740/19
Aydemir v. Turkey
06/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
32
59756/19
Daşdemir v. Turkey
05/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
33
59874/19
Kef v. Turkey
05/11/2019
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
34
60015/19
Beyaz v. Turkey
18/10/2019
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
35
60692/19
Ayhan v. Turkey
05/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
36
60694/19
Yıldırım v. Turkey
12/11/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
37
60999/19
Kuş v. Turkey
14/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
38
61139/19
Atlı v. Turkey
18/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
39
61159/19
Yılmaz v. Turkey
11/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
40
61359/19
Pehlivan v. Turkey
08/11/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
41
61683/19
Ataç v. Turkey
05/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
42
61722/19
Ayday v. Turkey
12/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
43
61764/19
Akkoyunlu v. Turkey
14/11/2019
Delay in examination by the Constitutional Court
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
44
61855/19
Avcı v. Turkey
13/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
45
61862/19
Özbek v. Turkey
22/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
46
61865/19
Evmez v. Turkey
15/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
47
62022/19
Yazıcı v. Turkey
30/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
48
62049/19
Sancar v. Turkey
18/11/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
49
62321/19
Ünüvar v. Turkey
22/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
50
62362/19
Şamasas v. Turkey
13/11/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
51
62539/19
Satılmış v. Turkey
19/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
52
62557/19
Doğan v. Turkey
21/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
53
62588/19
Onbaşı v. Turkey
15/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
54
62709/19
Kayaalp v. Turkey
29/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
55
62942/19
Ulus v. Turkey
27/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
56
62997/19
Kaya v. Turkey
15/11/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
57
63017/19
Ala v. Turkey
20/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
58
63027/19
Arslan v. Turkey
18/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
59
63342/19
Gündoğdu v. Turkey
14/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
60
63518/19
Temür v. Turkey
26/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
61
63895/19
Şimşek v. Turkey
27/11/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
62
63900/19
Karakoç v. Turkey
27/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
63
64491/19
Bulut v. Turkey
27/11/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
64
64677/19
Şen v. Turkey
03/12/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
65
64705/19
Şahin v. Turkey
29/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
66
64710/19
Toprak v. Turkey
27/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
67
64712/19
Yükleyen v. Turkey
04/12/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
68
64777/19
Çetinkaya v. Turkey
03/12/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
69
64922/19
Kızılkaya v. Turkey
27/11/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
70
64984/19
Kaya v. Turkey
03/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
71
65131/19
Şahin v. Turkey
22/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
72
2/20
Altıntaş v. Turkey
08/11/2019
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
73
4/20
Avcı v. Turkey
19/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
74
290/20
Danacı v. Turkey
10/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
75
386/20
Azgün v. Turkey
18/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
76
503/20
Çıtanak v. Turkey
10/12/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
77
640/20
Akyüz v. Turkey
19/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
78
1114/20
Buzdağ v. Turkey
10/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
79
1150/20
Polat v. Turkey
12/12/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
80
1158/20
Kart v. Turkey
19/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
81
1294/20
Nergiz v. Turkey
19/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
82
1312/20
Yorulmaz v. Turkey
11/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
83
1383/20
Yılmazer v. Turkey
17/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
84
1491/20
Özkan v. Turkey
20/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
85
1575/20
Doğan v. Turkey
19/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
86
1950/20
Zincirkıran v. Turkey
18/12/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
87
2116/20
Erten v. Turkey
26/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
88
2135/20
Aktürk v. Turkey
26/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
89
2149/20
Şanaral v. Turkey
27/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
90
2239/20
Al v. Turkey
19/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
91
2243/20
Sünbül v. Turkey
24/12/2019
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
92
2456/20
Gülbahar v. Turkey
25/12/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
93
2467/20
Saygın v. Turkey
26/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
94
2525/20
Akdoğan v. Turkey
27/12/2019
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
95
2599/20
Toprak v. Turkey
12/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
96
2658/20
Ensaroğlu v. Turkey
25/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
97
2939/20
Öztürk v. Turkey
26/12/2019
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
98
3039/20
Öztoprak v. Turkey
30/12/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
99
3176/20
Topuz v. Turkey
31/12/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
100
3390/20
Nefesli v. Turkey
31/12/2019
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
101
3405/20
Gün v. Turkey
31/12/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
102
3406/20
Atalay v. Turkey
31/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
103
3681/20
Kanat v. Turkey
02/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
104
3726/20
Ceylan v. Turkey
05/12/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
105
4135/20
Yılmaz v. Turkey
02/01/2020
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
106
4170/20
Gürpınar v. Turkey
02/01/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
107
4202/20
Börk v. Turkey
07/01/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
108
4403/20
Öztaş v. Turkey
07/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
109
4405/20
Hakkıoğlu v. Turkey
08/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
110
4408/20
Çelik v. Turkey
08/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
111
4418/20
Deniz v. Turkey
06/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
112
4432/20
Erdoğan v. Turkey
06/01/2020
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
113
4436/20
Özkay v. Turkey
08/01/2020
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
114
4720/20
Metin v. Turkey
03/10/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
115
5138/20
Arslan v. Turkey
10/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
116
5223/20
Akgül v. Turkey
10/01/2020
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
117
5246/20
Dedeli v. Turkey
16/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
118
5458/20
Çavdar v. Turkey
09/01/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
119
5497/20
Bilgili v. Turkey
27/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
120
5503/20
Dündar v. Turkey
09/01/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
121
5534/20
Yılmaz v. Turkey
20/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
122
5598/20
Özlü v. Turkey
15/01/2020
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
123
5612/20
İslam v. Turkey
21/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
124
5769/20
Türkhan v. Turkey
19/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
125
5778/20
Aktaş v. Turkey
24/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
126
5974/20
Taş v. Turkey
22/01/2020
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
127
6016/20
Tınmaz v. Turkey
15/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
128
6055/20
M.A.A. v. Turkey
14/01/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
129
6063/20
Benli v. Turkey
17/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
130
6344/20
Ertuğrul v. Turkey
10/01/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
131
6352/20
Kuşca v. Turkey
06/01/2020
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
132
6392/20
Arat v. Turkey
07/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
133
6566/20
Tat v. Turkey
26/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
134
6911/20
Akdağ v. Turkey
31/12/2019
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
135
7085/20
Karaçoban v. Turkey
20/01/2020
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
136
7096/20
Albayrak v. Turkey
16/01/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
137
7112/20
Delice v. Turkey
09/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
138
7142/20
Ünal v. Turkey
16/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
139
7444/20
Özübek v. Turkey
17/01/2020
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 of reasonable suspicion
140
7453/20
Uçkun v. Turkey
20/01/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
141
7480/20
Orhanlı v. Turkey
15/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
142
7545/20
Kaplan v. Turkey
29/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
143
7552/20
Nefes v. Turkey
23/01/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
144
7705/20
Kaynar v. Turkey
24/01/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
145
7826/20
Temiz v. Turkey
17/01/2020
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
146
7841/20
Dalkılıç v. Turkey
23/01/2020
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
147
7932/20
Demirhan v. Turkey
10/01/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
148
7960/20
Küçükkılınç v. Turkey
22/01/2020
Lack of relevant and sufficient reasons for detention
Failure/Delay in examining requests for enlargement/objection
Lack of reasonable suspicion
149
8050/20
Erarslan v. Turkey
22/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
150
8054/20
Yurdusev v. Turkey
22/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
151
8068/20
Aydın v. Turkey
23/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
152
8094/20
Patırgan v. Turkey
27/01/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
153
8117/20
Yılmaz v. Turkey
28/01/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
154
9247/20
Everan v. Turkey
04/02/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
155
9255/20
Sakarya v. Turkey
05/02/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
156
9257/20
Demir v. Turkey
30/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
157
9406/20
Işıtan v. Turkey
28/01/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
158
9462/20
Çayıroğlu v. Turkey
05/02/2020
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
159
9999/20
Sunar v. Turkey
31/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
160
10100/20
Bilgin v. Turkey
03/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
161
10697/20
Eyilcim v. Turkey
06/02/2020
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
162
10748/20
Toprak v. Turkey
07/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
163
10913/20
Arabacı v. Turkey
11/02/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
164
11249/20
Kaya v. Turkey
18/02/2020
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
165
11252/20
Kahriman v. Turkey
17/02/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
166
11347/20
Günarslan v. Turkey
13/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
167
11371/20
Avan v. Turkey
12/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
168
11432/20
Uçar v. Turkey
13/02/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
169
11450/20
Keleş v. Turkey
14/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
170
11482/20
Öztürk v. Turkey
14/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
171
11493/20
Bozkurt v. Turkey
14/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
172
11495/20
Ortabakan v. Turkey
06/02/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
173
11568/20
Tekinasa v. Turkey
17/02/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
174
11576/20
Coşkun v. Turkey
13/02/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
175
12003/20
Taşdelen v. Turkey
12/02/2020
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/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
176
12232/20
Akbaba v. Turkey
13/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
177
12495/20
Orcan v. Turkey
19/02/2020
Lack of relevant and sufficient reasons for detention
Failure/Delay in examining requests for enlargement/objection
Lack of reasonable suspicion
178
12631/20
Yolcu v. Turkey
20/02/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
179
12694/20
Türkoğlu v. Turkey
26/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
180
12779/20
Kılıçarslan v. Turkey
26/02/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
181
12812/20
Karazeybek v. Turkey
27/02/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
182
12837/20
Canöz v. Turkey
03/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
183
13036/20
Ergun v. Turkey
05/02/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
184
13045/20
Temel v. Turkey
08/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
185
13273/20
Bayraktar v. Turkey
25/02/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
186
13368/20
Zıraplı v. Turkey
26/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
187
13436/20
Bayraktaroğlu v. Turkey
22/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
188
13521/20
Çetin v. Turkey
05/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
189
13598/20
Ergin v. Turkey
30/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
190
13667/20
Abra v. Turkey
26/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
191
13700/20
Mermer v. Turkey
05/03/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
192
13767/20
Kocadiz v. Turkey
28/02/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
193
13866/20
Örnek v. Turkey
05/03/2020
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
194
14377/20
Şen v. Turkey
12/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
195
14436/20
Aktaş v. Turkey
04/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
196
14442/20
Oruç v. Turkey
08/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
197
14788/20
Ekmekçi v. Turkey
07/02/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
198
14789/20
Yılmaz v. Turkey
14/02/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
199
14790/20
Kargın v. Turkey
28/02/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
200
14804/20
Öktem v. Turkey
06/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
201
14832/20
Atıcı v. Turkey
03/03/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
202
14838/20
Çinar v. Turkey
04/03/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
203
14839/20
Ceylan v. Turkey
28/02/2020
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
204
14902/20
Bilgin v. Turkey
11/03/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
205
14930/20
Civan v. Turkey
06/03/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
206
14940/20
Akkuş v. Turkey
11/03/2020
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
Lack of reasonable suspicion
207
14946/20
Alboga v. Turkey
11/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
208
15015/20
Polat v. Turkey
04/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
209
15018/20
Vuruşkan v. Turkey
16/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
210
15020/20
Emre v. Turkey
19/02/2020
Lack of relevant and sufficient reasons for detention
Failure/Delay in examining requests for enlargement/objection
Lack of reasonable suspicion
211
15026/20
Yıldırım v. Turkey
05/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
212
15029/20
Aktaş v. Turkey
26/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
213
15079/20
Berber v. Turkey
28/02/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
214
15146/20
Malkoçoğlu v. Turkey
09/03/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
215
15172/20
Özçelik v. Turkey
06/03/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion