Communicated on 14 September 2017
SECOND SECTION
Application no. 3407/10
Özgür SAĞLAM and others
against Turkey
lodged on 25 December 2009
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings due to the systemic restriction imposed on the applicants’ right of access to a lawyer during the pre-trial stage pursuant to Law no. 3842 and the subsequent use by the trial court of those statements taken in the absence of a lawyer (see Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016, and Salduz v. Turkey [GC], no. 36391/02, ECHR 2008).
QUESTION tO THE PARTIES
1. Did the applicants have a fair hearing in the determination of the criminal charges against himself, in accordance with Article 6 § 1 of the Convention? In particular, has there been a breach of Article 6 § 3 (c) of the Convention, as a result of the lack of legal assistance available to the applicants during the preliminary investigation (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016)?
The Government are invited to submit copies of all the relevant documents concerning the applicants’ case, including but not limited to the minutes of all the hearings, the reasoned judgment(s) of the trial court, documentary evidence against the applicants, and the written submissions of the applicants and his lawyer throughout the proceedings.
APPENDIX
\* MERGEFORMAT Özgür SAĞLAM is a Turkish national who was born in 1981, lives in İstanbul and is represented by S. Ballıkaya Çelik Serkan ÇAKAR is a Turkish national who was born in 1981, lives in İstanbul and is represented by S. Ballıkaya Çelik Cengiz KARAKAŞ is a Turkish national who was born in 1978, lives in Tekirdağ and is represented by S. Ballıkaya Çelik
Full & Egal Universal Law Academy