Published on 13 December 2021
SECOND SECTION
Application no. 37097/19
Fatoş MUTLUER against Turkey
and 240 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
37097/19
Mutluer v. Turkey
01/07/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
2
37240/19
Özbey v. Turkey
20/06/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
3
37253/19
Yanbay v. Turkey
13/06/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
4
37276/19
Köse v. Turkey
09/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
5
37619/19
Baş v. Turkey
04/07/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
6
38186/19
Nazlı v. Turkey
28/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
7
38465/19
Duman v. Turkey
08/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
8
38480/19
Kamacı v. Turkey
12/07/2019
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/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
9
38696/19
Polat v. Turkey
05/07/2019
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
10
39668/19
Elagöz v. Turkey
22/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
11
39937/19
Çekerek v. Turkey
10/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
12
40474/19
Değirmenci v. Turkey
11/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
13
40692/19
Arıcan v. Turkey
19/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
14
40940/19
Tunahan v. Turkey
23/07/2019
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
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
15
41299/19
Gürler v. Turkey
26/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
16
41779/19
Satık v. Turkey
02/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
17
42089/19
Bülbül v. Turkey
29/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
18
42156/19
Daşkın v. Turkey
26/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
19
42540/19
Türkaydın v. Turkey
06/08/2019
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
20
43361/19
Ulun v. Turkey
06/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
21
43388/19
Onat v. Turkey
02/08/2019
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
22
43407/19
Akarsu v. Turkey
07/08/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
23
43422/19
Eryaman v. Turkey
21/07/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
24
44262/19
Mustafa v. Turkey
08/08/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
25
44993/19
Demirbaş v. Turkey
23/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
26
45131/19
Acar v. Turkey
16/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
27
46538/19
Yıldır v. Turkey
21/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
28
47052/19
Salim v. Turkey
03/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
29
47302/19
Bilgin v. Turkey
26/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
30
47312/19
Çakır v. Turkey
21/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
31
47943/19
Çelik v. Turkey
21/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
32
48063/19
Moran v. Turkey
05/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
33
48104/19
Bayzan v. Turkey
11/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
34
48400/19
Aksoy v. Turkey
11/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
35
48552/19
Bavik v. Turkey
20/05/2019
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
36
49211/19
Karanfil v. Turkey
29/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
37
49408/19
Uzun v. Turkey
11/09/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
38
49703/19
Gücük v. Turkey
10/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
39
49722/19
Mertkaya v. Turkey
09/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
40
49910/19
Atabay v. Turkey
19/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
41
50714/19
Bayram v. Turkey
17/08/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
42
51075/19
Açar v. Turkey
02/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
43
51206/19
Gedikli v. Turkey
03/09/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
44
51390/19
Aka v. Turkey
25/09/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
45
51491/19
Çoban v. Turkey
27/08/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
46
51624/19
Orak v. Turkey
16/09/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
47
51794/19
Yıldırım v. Turkey
29/08/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
48
51962/19
Birinci v. Turkey
16/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
49
52455/19
Sayın v. Turkey
26/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
50
53319/19
Demir v. Turkey
02/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
51
53526/19
Yıldırım v. Turkey
26/09/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
52
53735/19
Tekin v. Turkey
26/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
53
54004/19
Doğan v. Turkey
04/09/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
54
54685/19
Türkcan v. Turkey
20/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
55
54800/19
Aksoy v. Turkey
05/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
56
54836/19
Şahin v. Turkey
02/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
57
55281/19
Yılmaz v. Turkey
19/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
58
55329/19
Ergün v. Turkey
11/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
59
55482/19
Ay Sağlam v. Turkey
26/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
60
55613/19
Koç v. Turkey
24/09/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
61
55767/19
Yalın v. Turkey
04/10/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
62
56817/19
Abit v. Turkey
07/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
63
56884/19
Şatıroğlu v. Turkey
17/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
64
56994/19
Baysal v. Turkey
16/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
65
57057/19
Yurtcu v. Turkey
25/10/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
66
57069/19
Doğruöz v. Turkey
16/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
67
57349/19
Şekerci v. Turkey
18/10/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
68
57465/19
Karalı v. Turkey
23/10/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
69
58899/19
Usluer v. Turkey
08/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
70
59151/19
Solmaz v. Turkey
08/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
71
59927/19
Birkin v. Turkey
06/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
72
60476/19
Kahya v. Turkey
19/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
73
60968/19
Keskin v. Turkey
09/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
74
61212/19
Kaplan v. Turkey
23/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
75
61582/19
Sefil v. Turkey
11/11/2019
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
76
61597/19
Bostan v. Turkey
13/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
77
61634/19
Özkan v. Turkey
08/11/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
78
61662/19
Akyürek v. Turkey
11/11/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
79
61893/19
Çoban v. Turkey
15/11/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
80
62623/19
Dişlen v. Turkey
18/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
81
62748/19
Alan v. Turkey
29/11/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
82
62956/19
Işık v. Turkey
19/11/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
83
63023/19
Ökmen v. Turkey
14/11/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
84
63542/19
Uğur v. Turkey
19/11/2019
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
85
64941/19
Kuğu v. Turkey
06/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
86
65111/19
Topatmış v. Turkey
03/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
87
65223/19
Senğül v. Turkey
18/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
88
627/20
Ersöz v. Turkey
23/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
89
1156/20
Şen v. Turkey
17/12/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
90
1398/20
Danışman v. Turkey
27/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
91
1584/20
Heybeli v. Turkey
17/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
92
1615/20
Ayverdi v. Turkey
13/12/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
93
2126/20
Şahan v. Turkey
02/01/2020
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
94
2194/20
Demir v. Turkey
19/12/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
95
2469/20
Öz v. Turkey
23/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
96
2841/20
Altınova v. Turkey
04/12/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
97
3179/20
Balaban v. Turkey
27/12/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
98
3578/20
Erkart v. Turkey
30/12/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
99
4397/20
Sarıoğlu v. Turkey
31/12/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
100
4819/20
Turhal v. Turkey
28/05/2020
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
101
5030/20
Öztürk v. Turkey
10/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
102
5508/20
Yaman v. Turkey
20/01/2020
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
103
6082/20
Aytaç v. Turkey
24/01/2020
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 of reasonable suspicion
104
6187/20
Kara v. Turkey
09/01/2020
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
105
6278/20
Yücetürk v. Turkey
21/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
106
7134/20
Uçan v. Turkey
13/01/2020
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
107
7458/20
Karahasanoglu v. Turkey
03/02/2020
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
108
8346/20
Karamustafa v. Turkey
22/01/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
109
9074/20
Özden v. Turkey
10/02/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
110
9639/20
Altan v. Turkey
05/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
111
9986/20
Orta v. Turkey
18/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
112
11014/20
Yavaşcan v. Turkey
17/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
113
11221/20
Birişik v. Turkey
10/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
114
11302/20
Güler v. Turkey
18/02/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
115
11361/20
Bayram v. Turkey
14/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
116
11476/20
Özdemir v. Turkey
18/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
117
11997/20
Ak v. Turkey
18/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
118
12780/20
Udül v. Turkey
24/02/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
119
12898/20
Özdamar v. Turkey
04/03/2020
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/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
120
13673/20
İnce v. Turkey
07/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
121
14844/20
Genç v. Turkey
06/03/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
122
14985/20
Boydak v. Turkey
25/02/2020
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
123
14996/20
Ceylan v. Turkey
04/03/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
124
16561/20
Arıcan v. Turkey
18/03/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
125
16933/20
Çakmak v. Turkey
23/03/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
126
17040/20
Kaya v. Turkey
17/03/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
127
17065/20
Varol v. Turkey
03/04/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
128
17108/20
Karaduman v. Turkey
24/03/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
129
17120/20
Tezel v. Turkey
09/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
130
17167/20
Altunöz v. Turkey
02/04/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
131
18184/20
Batıhan v. Turkey
17/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
132
18260/20
Soner v. Turkey
27/04/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
133
18733/20
Altayli v. Turkey
30/04/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
134
19751/20
Gerboğa v. Turkey
11/05/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
135
20148/20
Kaplan v. Turkey
13/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
136
20589/20
Kuzgun v. Turkey
16/01/2020
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
137
21059/20
Kaya v. Turkey
22/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
138
21333/20
Mermer v. Turkey
11/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
139
21417/20
Kaya v. Turkey
20/05/2020
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
140
21420/20
Arıcan v. Turkey
06/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
141
21969/20
Demir v. Turkey
29/05/2020
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
142
22973/20
Aymak v. Turkey
21/05/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
143
22995/20
Dündar v. Turkey
28/05/2020
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
144
23316/20
Ateş v. Turkey
12/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
145
23886/20
Aytekin v. Turkey
21/05/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
146
24236/20
Akbalık v. Turkey
15/06/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
147
24308/20
Karabiber v. Turkey
11/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
148
24402/20
Güler v. Turkey
20/05/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
149
24840/20
Çelebi v. Turkey
11/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
150
25786/20
Keleş v. Turkey
25/06/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
151
26284/20
Balık v. Turkey
12/06/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
152
27256/20
Güller v. Turkey
17/06/2020
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
153
28033/20
Baykan v. Turkey
09/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
154
28759/20
Korkmaz v. Turkey
30/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
155
29157/20
Uludağ v. Turkey
24/06/2020
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
156
29556/20
Kurnaz v. Turkey
22/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
157
30283/20
Alkanlı v. Turkey
10/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
158
30427/20
Ayhan v. Turkey
23/06/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
159
30443/20
Alp v. Turkey
16/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
160
31993/20
Doğan v. Turkey
27/07/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
161
32060/20
Gündar v. Turkey
27/07/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
162
34186/20
Özkaya v. Turkey
22/07/2020
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
163
34882/20
Çetin v. Turkey
06/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
164
34892/20
Çetinkaya v. Turkey
10/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
165
35513/20
Ceylan v. Turkey
28/07/2020
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
166
35796/20
Memiş v. Turkey
05/08/2020
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
167
36386/20
Karagöz v. Turkey
06/08/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
168
36433/20
Kol v. Turkey
11/08/2020
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
169
36489/20
Akkul v. Turkey
28/07/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
170
36920/20
Kartalcık v. Turkey
10/08/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
171
37452/20
Cenk v. Turkey
14/08/2020
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
172
37627/20
Arslanoğlu v. Turkey
26/08/2020
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
173
37810/20
Yörüklü v. Turkey
18/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
174
38278/20
Gümüş v. Turkey
27/08/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
175
38467/20
Yağcı v. Turkey
27/08/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
176
38471/20
Karınca v. Turkey
20/08/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
177
40090/20
Tarlacı v. Turkey
31/08/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
178
40306/20
Karakaya v. Turkey
08/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
179
42543/20
Kara v. Turkey
15/09/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
180
42905/20
Ayday v. Turkey
15/09/2020
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
181
43065/20
Uçar v. Turkey
10/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
182
43656/20
Koç v. Turkey
24/09/2020
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
183
44099/20
Başak v. Turkey
04/09/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
184
44233/20
Tan v. Turkey
24/09/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
185
44662/20
Koç v. Turkey
23/09/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
186
46221/20
Aytaş v. Turkey
01/10/2020
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
187
46415/20
Kahyaoğlu v. Turkey
15/10/2020
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
188
47619/20
Bozkurt v. Turkey
22/10/2020
Failure/Delay in examining requests for enlargement/objection
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
189
49159/20
Sivri v. Turkey
27/10/2020
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
190
49848/20
Azgın v. Turkey
04/11/2020
Delay in examination by the Constitutional Court
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
191
50359/20
Sevimli v. Turkey
03/11/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
192
50688/20
Şen v. Turkey
06/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
193
51357/20
Demirhan v. Turkey
02/11/2020
Failure/Delay in examining requests for enlargement/objection
Restriction of access to the investigation file
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
194
52013/20
Yağcı v. Turkey
05/10/2020
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
195
52088/20
Han v. Turkey
17/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
196
52095/20
Dökme v. Turkey
16/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
197
52329/20
Pala v. Turkey
02/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
198
52833/20
Demircan v. Turkey
19/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
199
53196/20
Demiray v. Turkey
19/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
200
53285/20
Kalkan v. Turkey
19/11/2020
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
201
54266/20
Sevinç v. Turkey
25/11/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
202
54298/20
Sarı v. Turkey
24/11/2020
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
203
55056/20
Arığ v. Turkey
01/12/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
204
55078/20
Dirlikli v. Turkey
01/12/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
205
55142/20
Altuntaş v. Turkey
27/11/2020
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
206
274/21
Kocatürk v. Turkey
15/12/2020
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/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
207
751/21
Bardakkaya v. Turkey
11/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
208
1121/21
Dinc v. Turkey
09/12/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
209
1614/21
Karataş v. Turkey
24/12/2020
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
210
2100/21
Ayhan v. Turkey
16/12/2020
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
211
3888/21
Makineci v. Turkey
04/01/2021
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
212
5420/21
Özalp v. Turkey
05/01/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
213
9401/21
Çalık v. Turkey
28/01/2021
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
214
12477/21
Polat v. Turkey
24/02/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
215
12654/21
Savaş v. Turkey
19/02/2021
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
216
15056/21
Bayram v. Turkey
11/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
217
16190/21
Mumcu v. Turkey
16/03/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
218
16421/21
Erdoğan v. Turkey
18/03/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
219
16538/21
Lokman v. Turkey
05/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
220
16895/21
Özlem v. Turkey
04/03/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
221
17102/21
İper v. Turkey
12/03/2021
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
222
17595/21
Özdemir v. Turkey
17/03/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
223
18276/21
İpek v. Turkey
29/03/2021
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
224
20509/21
Taşkent v. Turkey
14/04/2021
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
225
22343/21
Erdem v. Turkey
21/04/2021
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
226
22925/21
Talaz v. Turkey
29/04/2021
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
227
25578/21
Tire v. Turkey
27/04/2021
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 to communicate the prosecutor’s opinion
Lack of reasonable suspicion
228
27111/21
Düzenli v. Turkey
10/05/2021
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
229
27418/21
Uluç v. Turkey
22/05/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
230
28769/21
Akıncı v. Turkey
01/06/2021
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of hearing during the detention review
Lack of reasonable suspicion
231
31016/21
Alıcı v. Turkey
11/06/2021
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
232
31886/21
Eser v. Turkey
16/06/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
233
33165/21
Eker v. Turkey
04/06/2021
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 of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
234
33343/21
Serter Özlü v. Turkey
10/06/2021
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
235
34230/21
Arslan v. Turkey
17/06/2021
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
236
35363/21
Eren v. Turkey
25/06/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
237
35695/21
Aslan v. Turkey
28/06/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
238
39634/21
Koçyiğit v. Turkey
12/07/2021
Lack of relevant and sufficient reasons for detention
239
40847/21
Rıdvan v. Turkey
04/08/2021
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
240
42984/21
Ünal v. Turkey
20/08/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
241
44611/21
Yılmaz v. Turkey
27/08/2021
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