Published on 18 July 2022
SECOND SECTION
Application no. 9601/18
Vedat YALDIZ
against Turkey
lodged on 2 February 2018
communicated on 27 June 2022
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of criminal proceedings under Article 6 § 1 of the Convention owing to the domestic courts’ failure to indicate with sufficient clarity the grounds on which they based their decision to convict the applicant of membership of an armed terrorist organisation under Article 314 § 2 of the Criminal Code and to carry out an individualised assessment in respect of him (see Moreira Ferreira v. Portugal (no. 2) [GC], no. 19867/12, § 84, 11 July 2017).
The Government are invited to submit copies of all the relevant documents concerning the applicant’s case, including but not limited to the minutes of all the hearings, the reasoned judgment of the trial court, documentary evidence against the applicant, and the written submissions of the applicant and his lawyer throughout the proceedings.
QUESTION TO THE PARTIES
Did the applicant have a fair hearing in the determination of the criminal charge against him, in accordance with Article 6 § 1 of the Convention? In particular, did the domestic courts provide sufficient reasons for their decision to convict him of membership of an armed terrorist organisation under Article 314 § 2 of the Criminal Code? Did the trial court’s reasoned decision contain an individualised assessment in respect of the applicant?