Communicated on 15 November 2018
SECOND SECTION
Application no. 13707/07
Mustafa Nihat YURDAKÖK
against Turkey
lodged on 19 March 2007
SUBJECT MATTER OF THE CASE
The application concerns the alleged unfairness of the criminal proceedings due to the systemic restriction imposed on the applicant’s 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 the statements taken in the absence of a lawyer. (see Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016; Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and Aras v. Turkey (no. 2), no. 15065/07, 18 November 2014).
QUESTIONS tO THE PARTIES
1. Did the applicant have a fair hearing in the determination of the criminal charges against himself, 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 applicant during the preliminary investigation (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008; Aras v. Turkey (no. 2), no. 15065/07, §§ 36‑42, 18 November 2014, and compare Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016) ?
The Government are invited to submit copies of all the relevant documents concerning the applicants’ case, including but not limited to the pre-trial statements of the applicant, minutes of all the hearings, the reasoned judgment(s) of the trial court, documentary evidence against the applicants, and the written submissions of the applicants and his or her lawyer throughout the proceedings.
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