Communicated on 20 September 2019
SECOND SECTION
Application no. 49341/18
Nuh UZUN against Turkey
and 19 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
All the applications listed below (see appendix) concern the electronic recording and storage of the applicants’ private correspondence in the National Judicial Network System (UYAP) by the authorities during their detention. One application (no. 7360/19) concerns the alleged control of the applicant’s correspondence with his lawyer and the electronic recording and storage of this correspondence in UYAP.
The applications nos. 10539/19, 11959/19, 12723/19, 14603/19, 15626/19, 16803/19, 17838/19, 19405/19, 19843/19 and 20101/19 also concern the non-communication of the public prosecutors’ written opinions during the proceedings before the enforcement judges and/or the assize courts.
The cases raise issues under Articles 6 and 8 of the Convention.
QUESTIONS TO THE PARTIESAs regards all the applications
1. Has there been an interference with the applicants’ right to respect for their private life and correspondence, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?
In particular, the Government are invited to provide the following information:
- the reasons justifying the electronic recording and storage of the applicants’ private letters,
- the persons and/or public authorities entitled to have access to these letters and the period of storage of these letters,
- whether there are appropriate safeguards to prevent any such disclosure of personal information that might be inconsistent with the guarantees of Article 8.As regards application no. 7360/19
2. Has there been a violation of the applicant’s right to respect for his correspondence with his lawyer, contrary to Article 8 of the Convention (see, for instance, Campbell v. the United Kingdom, 25 March 1992, §§ 32‑54, Series A no. 233)?As regards applications nos. 10539/19, 11959/19, 12723/19, 14603/19, 15626/19, 16803/19, 17838/19, 19405/19, 19843/19 and 20101/19
3. Did the applicants have an opportunity to present their opinions before the enforcement judges and assize courts and were the written opinions of the public prosecutors communicated to the applicants? If not, has there been a breach of the applicants’ right to adversarial proceedings on account of the non-communication of these opinions and the lack of opportunity to submit their observations (see Günana and others v. Turkey, no. 70934/10 and 4 others, §§ 82-85, 20 November 2018)?
4. In this regard, did the non-communication of the public prosecutors’ opinions amount to “a significant disadvantage” within the meaning of Article 35 § 3 (b) of the Convention (see Günana and others cited above §§ 78-81, Kılıç and Others v. Turkey (dec.), no. 33162/10, §§ 19-32, 3 December 2013 and Çançar v. Turkey (dec.), no. 45027/05, §§ 15-17, 28 June 2016)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Date of Birth
Place of Residence
Nationality
Represented by
1
49341/18
Uzun v. Turkey
27/09/2018
Nuh UZUN
22/09/1988
Kahramamaraş
Turkish
Recep ÇINAR
2
59185/18
Kıldan v. Turkey
28/11/2018
İsmail Turgut KILDAN
01/01/1983
Antalya
Turkish
Emre AKARYILDIZ
3
2368/19
Taşdan v. Turkey
06/12/2018
Mehmet Nafi TAŞDAN
19/05/1984
Ankara
Turkish
4
6239/19
Hallaçoğlu v. Turkey
02/11/2018
Ruhi HALLAÇOĞLU
09/10/1975
Osmaniye
Turkish
5
7360/19
Arıç v. Turkey
24/01/2019
Mehmet ARIÇ
15/08/1980
Balıkesir
Turkish
Numan ARIÇ
6
10539/19
Kurtgöz v. Turkey
28/01/2019
Ahmet KURTGÖZ
03/03/1969
Mersin
Turkish
7
11837/19
Özkan v. Turkey
01/02/2019
Mustafa ÖZKAN
11/08/1983
Konya
Turkish
8
11950/19
Sakman v. Turkey
15/02/2019
Mustafa SAKMAN
26/02/1971
Osmaniye
Turkish
9
11959/19
Tüzün v. Turkey
22/01/2019
Soner TÜZÜN
24/05/1984
Aksaray
Turkish
10
12723/19
Öğütalan v. Turkey
19/02/2019
Ersin ÖĞÜTALAN
10/02/1987
Nevşehir
Turkish
11
14603/19
Sazıl v. Turkey
04/03/2019
Selami SAZIL
10/01/1972
Adana
Turkish
12
15626/19
C.A. v. Turkey
01/03/2019
C.A.
10/01/1973
Konya
Turkish
13
16548/19
Aslan v. Turkey
04/03/2019
Mustafa ASLAN
19/07/1972
Ankara
Turkish
14
16803/19
Kökten v. Turkey
22/02/2019
Mustafa KÖKTEN
02/04/1981
Osmaniye
Turkish
15
17838/19
Tonbul v. Turkey
11/03/2019
Mehmet TONBUL
20/05/1974
Hatay
Turkish
16
19085/19
Yazar v. Turkey
27/03/2019
Yusuf YAZAR
29/02/1972
Osmaniye
Turkish
17
19405/19
Fesli v. Turkey
25/03/2019
Muhammed Hamza FESLİ
06/03/1992
Mersin
Turkish
18
19843/19
Göksan v. Turkey
28/03/2019
Mehmet Fatih GÖKSAN
13/03/1990
Aydın
Turkish
19
20101/19
Korkmaz v. Turkey
29/03/2019
Enis KORKMAZ
01/10/1984
İzmir
Turkish
20
24060/19
Özdemir v. Turkey
11/04/2019
Hasan ÖZDEMİR
01/01/1984
Kütahya
Turkish
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