Communicated on 25 January 2018
SECOND SECTION
Application no. 52120/08
Hasan SÜSLİ against Turkey
and 3 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
The applications concern 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 and allegedly under duress (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008; Özcan Çolak v. Turkey, no. 30235/03, §§ 47‑50, 6 October 2009; and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016). They also concern the applicants’ inability to examine or have examined the witnesses during the criminal proceedings (see Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100‑131, ECHR 2015).
QUESTIONS tO THE PARTIES
1. Did the applicants have a fair hearing in the determination of the criminal charges against themselves, 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 İbrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016)?
2. Did the use of statements taken under alleged duress and in the absence of a lawyer violate the applicants’ right to a fair hearing (see Özcan Çolak v. Turkey, no. 30235/03, §§ 47-50, 6 October 2009)?
3. Were the applicants able to examine the witnesses against them and have examined those on their behalf as required by Article 6 § 3 (d) of the Convention? If not, has there been a breach of the applicants’ right to a fair trial provided by Article 6 §§ 1 and 3 (d) of the Convention due to their inability to examine or have examined the witnesses (see Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-131, ECHR 2015)?
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, documentary evidence against the applicants and the reasoned judgment of the Diyarbakır Assize Court of 22 June 2007, the applicants’ and their lawyers’ written submissions both before the trial court and before the Court of Cassation.
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
52120/08
24/09/2008
Hasan SÜSLİ
30/09/1974
Diyarbakır
54172/08
04/09/2008
Murat SALUR
10/05/1975
Diyarbakır
54185/08
24/09/2008
Asif GÜNEŞ
15/12/1973
Diyarbakır
56281/08
21/10/2008
Mesut TUNCE
13/01/1976
Diyarbakır
Full & Egal Universal Law Academy