Communicated on 13 September 2016
SECOND SECTION
Applications nos 62657/12 and 227/13
Cengiz OKUYUCU against Turkey
and Serhat KOCAMIŞ and Rıdvan KURT against Turkey
lodged on 11 September 2012 and 20 September 2012 respectively
STATEMENT OF FACTS
The applicants, whose details are set out in the attached table, are Turkish nationals.
The facts of the cases, as submitted by the applicants, may be summarised as follows.
Upon the orders of investigating judges, the applicants were placed in pre-trial detention on suspicion of committing a crime. The applicants filed objections against these decisions. The courts that examined the objections dismissed the cases based on the case-file, without holding public hearings. In delivering their decisions, the courts also took into consideration the written opinions of the public prosecutors, which had not been communicated to the applicants or their representatives. The details of the applications are set out in the attached table.
COMPLAINTS
The applicants complain under Article 5 § 4 of the Convention that they did not have an effective remedy to challenge the lawfulness of their detention. In this connection, they allege that their objections were dismissed by the appeal courts based on the public prosecutors’ written opinions, which were not communicated to them or to their representatives. They further state that they were denied appearance before a court for lengthy periods, in breach of Article 5 § 4.
The applicants also complain under Article 5 § 5 about the lack of compensation under domestic law.
QUESTIONS
1. Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention, as required by Article 5 § 4 of the Convention?
2. Did the applicants have an effective and enforceable right to compensation as required by Article 5 § 5 of the Convention?
No.
Application
no.
Lodged on
Applicant name
date of birth
place of residence
Represented by
Case specific details
62657/12
11/09/2012
Cengiz OKUYUCU
1989
Istanbul
Hüseyin BOĞATEKİN
Istanbul
On 11 March 2012 the applicant was placed in pre-trial detention. He filed an objection against this decision. On 3 April 2012 the Istanbul Assize Court dismissed the objection. According to the information in the file, the applicant did not appear before a judge for at least twenty three days.
227/13
20/09/2012
Serhat KOCAMIŞ
1993
Istanbul
Rıdvan KURT
1992
Istanbul
Yusuf Kenan ALTAN
Istanbul
On 4 July 2012 the applicants were placed in detention on remand. On 6 July 2012 the appeal court dismissed the objection of the applicants. On 19 July 2012, at the end of the preparatory hearing, and in the absence of the applicants, the trial court prolonged the detention of the applicants. Their objections against this decision were dismissed by Istanbul Assize Court on 8 August 2012. The first hearing was held on 13 September 2012. Accordingly, the applicants did not appear before a judge for more than two months.
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