Published on 13 December 2021
SECOND SECTION
Application no. 30689/17
Emin YILDIRIM against Turkey
and 234 other applications
(see list appended)
communicated on 23 November 2021
SUBJECT MATTER OF THE CASE
The applications mainly concern the applicants’ arrest and pre-trial detention, on suspicion of membership of FETÖ/PDY (Fetullahist Terrorist Organisation / Parallel State Structure), in the aftermath of the attempted coup d’état which took place on 15 July 2016.
The applicants complain of a violation of Article 5 of the Convention on the basis of the following allegations (see the appended table for detailed information as to the specific complaints raised by each applicant):
- They were detained in the absence of any suspicion that they committed an offence;
- There were no relevant and sufficient reasons to justify their initial and/or continued pre-trial detention;
- The length of their pre-trial detention was excessive;
- The reviews of detention took place without a hearing and they were not notified of the opinion of the public prosecutor on those reviews;
- Their access to the investigation files was restricted;
- The objections to their detention or their requests for release were not examined or examined belatedly;
- The decisions extending their pre-trial detention were not notified to them, or were notified with a delay, which prevented them from appealing against those decisions;
- They did not benefit from effective legal assistance and facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers was monitored by the prison authorities;
- The time taken by the Constitutional Court to conduct its examination on their individual applications was excessive;
- There was no compensatory remedy available in domestic law for the alleged violation of their rights under Article 5 of the Convention.
QUESTIONS TO THE PARTIES
On the basis of the complaints communicated in accordance with the list in the Appendix
1. Can the applicants be considered to have been detained on the basis of “a reasonable suspicion” that they had committed an offence (see, in particular, Fox, Campbell and Hartley v. the United Kingdom, 30 August 1990, § 32, Series A No. 182), taking into account, in particular, Article 100 of the Code of Criminal Procedure, which requires “concrete evidence demonstrating the existence of strong suspicions” as to the commission of the offence?
Moreover, has the Constitutional Court based the existence of reasonable suspicion on evidence discovered after the decisions had been taken to detain the applicants?
2. (a) Did the applicants exhaust the remedies available in domestic law in relation to their complaints under Article 5 § 3 of the Convention? To the extent that the applicants’ complaints did not relate solely to the length of their pre-trial detention but also concerned the alleged failure of the domestic courts to provide relevant and sufficient reasons to justify their initial and continued pre-trial detention, can a compensation claim under Article 141 § 1(d) of the Code of Criminal Procedure be regarded as an effective remedy in respect of those complaints (see Selahattin Demirtaş v. Turkey (no. 2) [GC], no. 14305/17, § 213, 22 December 2020)?
(b) Was the applicants’ pre-trial detention compatible with the requirements of Article 5 § 3 of the Convention? In particular:
(i) Did the judges, who ordered the applicants’ initial pre-trial detention and the prolongation of their detention, and who examined the objections lodged against those decisions, fulfil their obligation to provide relevant and sufficient grounds for the deprivation of liberty in question (see, in particular, Buzadji v. the Republic of Moldova [GC], no. 23755/07, § 102, ECHR 2016 (extracts))?
(ii) Was the length of the applicants’ pre-trial detention in breach of the “reasonable time” requirement under Article 5 § 3 of the Convention?
3. Did the applicants have at their disposal an effective remedy by which they could challenge the lawfulness of their deprivation of liberty, as required by Article 5 § 4 of the Convention? In particular, the Government are invited to respond to the following complaints made by the applicants (to the extent that they concern remedies already sought at the time of the lodging of the complaints, as relevant):
(i) the principle of equality of arms had not been respected, as the decisions to extend their detention and their objections to those decisions had been examined without a hearing and the prosecutors’ opinions had not been communicated to them;
(ii) they had been unable to challenge their detention in an effective manner because of the restriction imposed on their access to the investigation file;
(iii) their objections to their detention had not been examined or had been examined belatedly;
(iv) the decisions to extend their detention had not been notified to them or had been notified with a delay, which had prevented them from lodging objections against those decisions;
(v) they had had no effective legal assistance or facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers had been monitored;
(vi) the time taken by the Constitutional Court to examine their individual applications had been protracted.
4. Did the compensation remedy provided under Article 141 of the Code of Criminal Procedure constitute an effective remedy, within the meaning of Article 5 § 4 of the Convention, in respect of complaints concerning (i) the lack of an oral hearing during the review of detention; (ii) the non‑notification or belated notification of the detention decision; and (iii) the lack of or delay in the examination of the objection against detention by the magistrates’ courts?
5. Did the applicants have, as required by Article 5 § 5 of the Convention, an effective and enforceable right to obtain compensation for their detention, which they consider to have been contrary to Article 5 §§ 1, 3 and/or 4?
APPENDIX
No.
App. no
Case Title
Date of introduction
Complaints
1
30689/17
Yıldırım v. Turkey
31/03/2017
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
2
36994/17
Keskin v. Turkey
30/03/2017
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
3
45108/17
Yılmaz v. Turkey
01/06/2017
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
4
54634/17
Öğünlü v. Turkey
21/06/2017
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
5
58473/17
Yaman v. Turkey
18/07/2017
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
6
59619/17
Acar v. Turkey
15/05/2017
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
7
69555/17
Kocabay v. Turkey
23/08/2017
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
8
69561/17
Akbulut v. Turkey
24/08/2017
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
9
70272/17
Kırtay v. Turkey
21/07/2017
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
10
70277/17
Aras v. Turkey
21/07/2017
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
11
70280/17
Üner v. Turkey
21/07/2017
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
12
71046/17
Kartal v. Turkey
28/08/2017
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
13
2714/18
Aslan v. Turkey
19/12/2017
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
14
4083/18
İstemil v. Turkey
01/12/2017
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
15
4699/18
Taşdemir v. Turkey
13/07/2017
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
16
7750/18
Kar v. Turkey
12/01/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
17
11324/18
Yassıkaya v. Turkey
20/02/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
18
11327/18
Özkan v. Turkey
20/02/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
19
11789/18
Pilgir v. Turkey
13/02/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
20
11898/18
Dinç v. Turkey
22/02/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
21
11982/18
Avcı v. Turkey
05/03/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
22
12139/18
Sürmeneli v. Turkey
01/03/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
23
12166/18
Aktürk v. Turkey
19/02/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
24
12241/18
Aycıl v. Turkey
22/02/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
25
12575/18
Saracoğlu v. Turkey
02/03/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
26
12702/18
Aşçı v. Turkey
07/03/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
27
14825/18
Doğan v. Turkey
08/02/2018
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
28
15597/18
Gökçe v. Turkey
28/03/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
29
16112/18
Balci v. Turkey
14/03/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
30
16390/18
Toros v. Turkey
30/03/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
31
16970/18
Balcan v. Turkey
16/03/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
32
17744/18
Bilgin v. Turkey
16/02/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
33
18195/18
Oğuz v. Turkey
15/03/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
34
18301/18
Öztürk v. Turkey
19/02/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
35
19706/18
Uryan v. Turkey
16/04/2018
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
36
20258/18
Albaş v. Turkey
17/04/2018
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
37
22037/18
Güngör v. Turkey
30/04/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
38
22189/18
Arıdal v. Turkey
24/04/2018
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
39
22269/18
Onarıcıoğlu v. Turkey
30/04/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
40
23234/18
Bekci v. Turkey
03/05/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
41
23446/18
Nacar v. Turkey
30/04/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
42
23680/18
Çakmakkaya v. Turkey
30/04/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
43
23883/18
Doğan v. Turkey
10/05/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
44
24684/18
Özkan v. Turkey
15/05/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
45
25833/18
Demir v. Turkey
22/05/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
46
28009/18
Arslan v. Turkey
06/06/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
47
28548/18
Öztaş v. Turkey
04/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
48
30478/18
Acar v. Turkey
19/06/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Failure/Delay in examining requests for enlargement/objection
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
49
32413/18
Aydın v. Turkey
20/06/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
50
32878/18
Ateş v. Turkey
22/06/2018
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
51
32992/18
Körün v. Turkey
27/06/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
52
33866/18
Ünlü v. Turkey
05/07/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
53
35507/18
Can v. Turkey
06/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
54
35667/18
Erdoğan v. Turkey
09/07/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
55
36239/18
Kablan v. Turkey
21/07/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
56
37279/18
Selimler v. Turkey
26/07/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
57
37434/18
Özdemir v. Turkey
26/07/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
58
39047/18
Arıcan v. Turkey
02/08/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
59
39054/18
Çaylı v. Turkey
31/07/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
60
39833/18
Zengin v. Turkey
15/08/2018
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
61
40005/18
Kolcu v. Turkey
03/08/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
62
41634/18
Akdaş v. Turkey
15/08/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
63
42148/18
Dursun v. Turkey
03/09/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
64
43243/18
Özdemir v. Turkey
06/09/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
65
44785/18
Taş v. Turkey
13/09/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
66
45457/18
Şener v. Turkey
17/09/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
67
45562/18
Şahin v. Turkey
03/09/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
68
46255/18
Eğedemir v. Turkey
18/09/2018
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
69
46263/18
İçtin v. Turkey
03/09/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
70
46359/18
Bulut v. Turkey
12/09/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
71
46897/18
Sevengül v. Turkey
20/09/2018
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
72
48501/18
Özmen v. Turkey
02/10/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
73
48594/18
Denizci v. Turkey
05/10/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
74
50262/18
Kazan v. Turkey
28/09/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
75
50312/18
Yılmaz v. Turkey
16/10/2018
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
76
55547/18
Ünüvar v. Turkey
05/10/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
77
55620/18
Şimşek v. Turkey
04/10/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
78
57189/18
Gündüz v. Turkey
13/11/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
79
57674/18
Taşkıran v. Turkey
15/11/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
80
3227/19
Çelik v. Turkey
25/12/2018
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
81
3515/19
Demirel v. Turkey
25/12/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
82
4584/19
Taştekin v. Turkey
03/12/2018
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
83
5267/19
Alper v. Turkey
11/01/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
84
5409/19
Bezkun v. Turkey
25/12/2018
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
85
5415/19
Yazar v. Turkey
28/11/2018
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
86
6952/19
Yılmaz v. Turkey
17/01/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
87
8329/19
Atasoy (Çetin) v. Turkey
29/01/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
88
9126/19
Tek v. Turkey
04/02/2019
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
89
9358/19
Sarsık v. Turkey
06/02/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
90
9448/19
Atay v. Turkey
01/02/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
91
9501/19
Ay v. Turkey
08/02/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
92
10906/19
Saz v. Turkey
14/02/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
93
13124/19
Altuntop v. Turkey
22/02/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
94
15777/19
Akdeniz v. Turkey
26/02/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
95
16138/19
Aşula v. Turkey
28/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
96
16145/19
Yaprak v. Turkey
28/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
97
16205/19
Karakuş v. Turkey
13/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
98
16245/19
Dırman v. Turkey
20/03/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
99
16429/19
Yalçın v. Turkey
01/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
100
17039/19
Kar v. Turkey
07/03/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
101
17088/19
Köylü v. Turkey
07/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
102
17177/19
Kılıç v. Turkey
04/03/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
103
17495/19
Atakan v. Turkey
25/03/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
104
18792/19
Yılmaz v. Turkey
29/03/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
105
18851/19
Gülbaş v. Turkey
09/01/2019
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
106
18859/19
Yılmaz v. Turkey
26/03/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
107
19037/19
Akdeniz v. Turkey
25/03/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
108
19112/19
Karademir v. Turkey
22/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
109
19113/19
Güder v. Turkey
22/03/2019
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
110
19129/19
Çınar v. Turkey
29/03/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
111
19141/19
Yiğit v. Turkey
28/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
112
19146/19
Yurdakul v. Turkey
02/04/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
113
19174/19
Usta v. Turkey
28/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
114
19184/19
Polat v. Turkey
26/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
115
19206/19
Akyar v. Turkey
27/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
116
19246/19
Topçak v. Turkey
28/03/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
117
19507/19
Türkmenoğlu v. Turkey
11/03/2019
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
118
19672/19
Şanlı v. Turkey
27/03/2019
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
119
19814/19
Burkay v. Turkey
28/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
120
19861/19
Kart v. Turkey
02/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
121
19865/19
Pehlivan v. Turkey
01/04/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
122
20314/19
Çevik v. Turkey
20/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
123
20573/19
Çışan v. Turkey
29/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
124
21005/19
Ayhan v. Turkey
05/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
125
21010/19
Özkaya v. Turkey
05/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
126
21188/19
Demirtaş v. Turkey
20/02/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
127
21194/19
Böğrek v. Turkey
13/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
128
21219/19
Coşkun v. Turkey
19/03/2019
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
129
21246/19
Erbay v. Turkey
29/03/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
130
21560/19
Barıt v. Turkey
08/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
131
21578/19
Erbaş v. Turkey
05/04/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
132
21702/19
Duman v. Turkey
04/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
133
21263/19
Yaman v. Turkey
03/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
134
21900/19
Çavdar v. Turkey
18/04/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
135
21907/19
Balcı v. Turkey
08/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
136
21954/19
Bircan v. Turkey
12/04/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
137
21956/19
Kabadayı v. Turkey
19/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
138
21961/19
Elibol v. Turkey
12/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
139
21998/19
Efe v. Turkey
03/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
140
22162/19
Karataş v. Turkey
04/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
141
22387/19
Birgin v. Turkey
15/04/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
142
22628/19
Aktas v. Turkey
12/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
143
23055/19
Durmaz v. Turkey
16/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
144
23844/19
Baştürk v. Turkey
06/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
145
23942/19
Talay v. Turkey
01/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
No effective remedy to compensation
Lack of reasonable suspicion
146
23952/19
Aslan v. Turkey
26/03/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
147
24236/19
Bilgili v. Turkey
11/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
148
24306/19
Alpay v. Turkey
09/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
149
24548/19
Günaydın v. Turkey
22/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
150
24618/19
Çelik v. Turkey
24/04/2018
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
151
24643/19
Tergek v. Turkey
25/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
152
24912/19
Yetkin v. Turkey
04/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
153
24971/19
Alioğlu v. Turkey
20/04/2019
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
154
25006/19
Taşdelen v. Turkey
22/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
155
25146/19
Er v. Turkey
22/04/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
156
25442/19
Keskinoğlu v. Turkey
30/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
157
25829/19
Taylan v. Turkey
25/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
158
26100/19
Kıratlı v. Turkey
30/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
159
26942/19
Taşkaya v. Turkey
09/05/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
160
27028/19
Yelkovan v. Turkey
19/04/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
161
27095/19
Yasinoğlu v. Turkey
03/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
162
27143/19
Demir v. Turkey
29/04/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
163
27386/19
Erduran v. Turkey
29/04/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
164
27495/19
Batçık v. Turkey
17/05/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
165
27657/19
Şalış v. Turkey
30/04/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
166
27661/19
Aykaç v. Turkey
03/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
167
27662/19
Meydan v. Turkey
03/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
168
27678/19
Koc v. Turkey
09/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
169
28327/19
Yurtseven v. Turkey
14/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
170
29172/19
Karakaş v. Turkey
14/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
171
29324/19
İğde v. Turkey
09/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
172
29325/19
Bildirici v. Turkey
10/05/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
173
29637/19
Altuntepe v. Turkey
02/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
174
29672/19
Yazar v. Turkey
10/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
175
29681/19
Arslan v. Turkey
07/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
176
30010/19
Boyacıoğlu v. Turkey
26/04/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
177
30226/19
Hacımüftüoğlu v. Turkey
02/05/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
178
30259/19
Uyanık v. Turkey
22/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
179
30323/19
Karaosmanoğlu v. Turkey
20/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
180
30357/19
Güzel v. Turkey
02/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
181
30378/19
Usluer v. Turkey
14/05/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
182
30386/19
Koç v. Turkey
16/05/2019
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
183
30398/19
Sayan v. Turkey
08/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
184
30440/19
Gümüş v. Turkey
21/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
185
30473/19
Çevik v. Turkey
10/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
186
30494/19
Ürkmez v. Turkey
23/05/2019
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
187
30512/19
Aytaç v. Turkey
21/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
188
30529/19
Akkaş v. Turkey
22/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
189
30653/19
Kocatekin v. Turkey
17/05/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure/Delay to communicate decisions relating to detention
Lack of reasonable suspicion
190
30703/19
Şimşek v. Turkey
22/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
191
30860/19
Pampal v. Turkey
27/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
192
31079/19
Öztürk v. Turkey
22/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
193
31712/19
Taşdöğen v. Turkey
27/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
194
31797/19
Atabey v. Turkey
28/05/2019
Length of pre-trial detention
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
195
32465/19
Çetin v. Turkey
31/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
196
32627/19
Toptaş v. Turkey
17/05/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
197
32766/19
Doğan v. Turkey
17/05/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
198
33114/19
Menzilci v. Turkey
22/05/2019
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
199
33395/19
Arapoğlu v. Turkey
21/05/2019
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
200
33465/19
Ulusal v. Turkey
11/06/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
201
33501/19
Kılıç v. Turkey
12/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
202
33950/19
Can v. Turkey
22/06/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
203
34017/19
Uyar v. Turkey
14/06/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
204
34135/19
Erdoğan v. Turkey
11/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
205
34145/19
Erbil v. Turkey
12/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
206
34605/19
Yiğit v. Turkey
11/06/2019
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
207
35042/19
Uğur v. Turkey
01/07/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
208
35047/19
Ürkmez v. Turkey
01/07/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
209
35050/19
Çelik v. Turkey
01/07/2019
Length of pre-trial detention
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
210
35092/19
Çınar v. Turkey
28/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
211
35096/19
Ekici v. Turkey
28/06/2019
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
212
35149/19
Atik v. Turkey
28/06/2019
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
213
35290/19
Aydın v. Turkey
14/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
214
35306/19
Akkoç v. Turkey
19/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
215
35443/19
Kaya v. Turkey
13/06/2019
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
216
35644/19
Sarıboğa v. Turkey
20/06/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
217
35801/19
Sarı v. Turkey
25/06/2019
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
218
35831/19
Zengin v. Turkey
28/05/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
219
35894/19
Gündoğdu v. Turkey
19/06/2019
Length of pre-trial detention
Lack of hearing during the detention review
Restriction of access to the investigation file
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
220
40182/19
Bulduk v. Turkey
12/07/2019
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
Lack of reasonable suspicion
221
7075/20
Şahin v. Turkey
16/01/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
222
33292/20
Güler v. Turkey
17/07/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack/Difficulties of legal assistance/other facilities
Lack of reasonable suspicion
223
33313/20
Akdeniz v. Turkey
21/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of reasonable suspicion
224
35799/20
Benli v. Turkey
09/07/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
225
44816/20
Can v. Turkey
03/09/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of hearing during the detention review
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
226
54377/20
Karapınar v. Turkey
24/11/2020
Lack of relevant and sufficient reasons for detention
Lack of hearing during the detention review
Lack of reasonable suspicion
227
55166/20
Arukan v. Turkey
12/11/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
228
55414/20
Sevim v. Turkey
26/11/2020
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
229
55442/20
Koyuncu v. Turkey
26/11/2020
Length of pre-trial detention
Lack of relevant and sufficient reasons for detention
Failure to communicate the prosecutor’s opinion
Lack of hearing during the detention review
Lack of reasonable suspicion
230
1752/21
Şen v. Turkey
11/12/2020
Length of pre-trial detention
Delay in examination by the Constitutional Court
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
231
21411/21
Ceyhan v. Turkey
12/02/2021
Length of pre-trial detention
Delay in examination by the Constitutional Court
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
232
34205/21
İyigün v. Turkey
02/06/2021
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
233
36743/21
Yıldırım v. Turkey
18/06/2021
Lack of relevant and sufficient reasons for detention
234
44242/21
Ülker v. Turkey
26/08/2021
Length of pre-trial detention
Failure/Delay in examining requests for enlargement/objection
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion
235
45686/21
Tanrıverdi v. Turkey
08/09/2021
Lack of relevant and sufficient reasons for detention
Lack of reasonable suspicion