Communicated on 19 February 2018
SECOND SECTION
Application no. 65151/10
Mezher TÜMEN
against Turkey
lodged on 15 October 2010
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings due to the fact that the proceedings before the first-instance court had taken place in the applicant’s absence. It also concerns the applicant’s inability to examine the witnesses during the criminal proceedings. The applicant relies on Article 6 of the Convention.
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention?
In particular, has there been a breach of Article 6 § 1 of the Convention in conjunction with Article 6 § 3 (c), as a result of the fact that the proceedings before the first-instance had taken place in the applicant’s absence? In this connection, could the applicant be considered to have unequivocally and intentionally waived his right to appear before the Muş Criminal Court of General Jurisdiction and to defend himself? Was he provided with sufficient information regarding the consequences of the request to be exempted from the obligation to appear at the trial court (see Seyithan Demir v. Turkey, no. 25381/02, §§ 41-42, 28 July 2009)?
2. Was the applicant able to examine witnesses against him, 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 witnesses (see Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100-131, ECHR 2015)?
The Government are further invited to submit copies of all the relevant documents concerning the criminal proceedings against the applicant, including but not limited to the minutes of all the hearings, the reasoned judgments of the trial court, evidence against the applicant and the written submissions of the applicant throughout the proceedings.
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