Published on 14 June 2021

SECOND SECTION

Application no. 6571/17 Murat AYDIN against Turkey and 151 other applications (see list appended) communicated on 25 May 2021

SUBJECT MATTER OF THE CASE

The applications mainly concern the arrest and pre-trial detention of the applicants, who were all judges or prosecutors at the material time, 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.

Relying on Article 5 of the Convention, the applicants raise the following complaints (see the appended table for detailed information as to the specific complaints raised by each applicant):

- They were detained on remand in breach of the procedural guarantees provided in domestic law for judges and prosecutors;

- 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 restricted and 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 remedy available to them to obtain compensation for the alleged breach of their rights under Article 5.

Relying on Article 8 of the Convention, some of the applicants also complain that the searches conducted by the authorities in their homes and offices were unlawful.

QUESTIONS TO THE PARTIES

On the basis of the complaints communicated in accordance with the list in the Appendix

1. ( a ) Did the applicants ’ pre-trial detention take place “in accordance with the procedure prescribed by law”, in view of the procedural guarantees provided to the judges and prosecutors by the domestic law?

( b ) 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)?

The Government are invited to provide sample decisions to demonstrate whether the remedy under Article 141 § 1(d) of the Code of Criminal Procedure has been interpreted and applied by the national courts in a manner that extends to complaints concerning the lack of relevant and sufficient reasons to justify pre-trial detention .

( 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 a 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:

( 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 restricted and 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 absence of a reasonable suspicion regarding the commission of a criminal offence; (ii) the unlawfulness of the arrest and pre-trial detention; (iii) the lack of an oral hearing during the review of detention; (iv) the non‑notification or belated notification of the detention decision; (v) the lack of or delay in the examination of the objection against detention by the magistrates ’ courts?

The Government are invited to provide sample domestic court decisions in support of their reply.

5. Did the applicants have, as required by Article 5 § 5 of the Convention, an effective and enforceable right in court to obtain compensation for their detention, which they consider to have been contrary to Article 5 §§ 1, 3 and 4?

6. Taking into consideration the searches carried out by the authorities in the applicants ’ homes and offices (applications nos. 8335/20, 11664/20, 12883/20, 16039/20, 16141/20, 16243/20, 17012/20, 21020/20, 21061/20, 21551/20, 22243/20, 30003/20, 34445/20, 38305/20, 43083/20, 9539/21):

( a ) Was there an interference with the applicants ’ right to respect for their private life and home and was that interference in accordance with the law and necessary in terms of Article 8 of the Convention?

( b ) Was the compensation remedy provided under Article 141 of the Code of Criminal Procedure an effective one in respect of the applicants ’ complaints under Article 8 of the Convention?

The Government are invited to provide copies of decisions awarding compensation in cases raising similar issues .

APPENDIX

No.

Application no. Case title

Date of Intro

Complaints

1

6571/17 Aydın v. Turkey

11/01/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

2

14347/17 Ayvaz v. Turkey

27/01/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention

3

41660/17 Uslu v. Turkey

17/05/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection

4

45007/17 Çağlıyan v. Turkey

03/05/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor ’ s opinion

5

49743/17 Åžahin v. Turkey

27/04/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

6

49752/17 Özgür v. Turkey

06/06/2017

Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities

7

60287/17 Varol v. Turkey

30/06/2017

Length of pre-trial detention Lack of relevant and sufficient reasons for detention

8

63687/17 Sepetler v. Turkey

09/06/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review

9

63880/17 Kalkan v. Turkey

20/05/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of hearing during the detention review Delay in examination by the Constitutional Court

10

66693/17 Özdemir v. Turkey

05/06/2017

Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection

11

79841/17 Balkaya v. Turkey

27/10/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection

12

81722/17 Baklacı v. Turkey

19/09/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection Delay in examination by the Constitutional Court

13

83091/17 KarakuÅŸ v. Turkey

15/06/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Failure/delay in communicating decisions relating to detention

14

1598/18 Bildiren v. Turkey

08/12/2017

Failure to comply with procedural guarantees provided for in domestic law Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court

15

6833/18 Patarya v. Turkey

24/01/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

16

9907/18 Akdemir v. Turkey

05/02/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention

17

10612/18 Bölükbaş v. Turkey

13/02/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection

18

10638/18 Kara v. Turkey

02/02/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

19

10778/18 Zorlu v. Turkey

09/02/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

20

16030/18 Yıldırım v. Turkey

15/03/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

21

19873/18 Kaplan v. Turkey

11/04/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities

22

21049/18 KuÅŸ v. Turkey

25/04/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file

23

22157/18 Özdemir v. Turkey

04/05/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court

24

23650/18 Çelik v. Turkey

30/04/2018

Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure to communicate the prosecutor ’ s opinion Delay in examination by the Constitutional Court

25

24161/18 Bulut v. Turkey

10/05/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court

26

24221/18 Åžahbaz v. Turkey

30/04/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

27

26332/18 GazioÄŸlu v. Turkey

14/05/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

28

28078/18 BozoÄŸlu v. Turkey

09/05/2018

Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities

29

29589/18 Yıldız v. Turkey

11/06/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion No effective remedy for compensation

30

32404/18 Kılıç v. Turkey

19/06/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file

31

43688/18 Yavuz v. Turkey

05/09/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion

32

43956/18 BozyiÄŸit v. Turkey

05/09/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

33

45059/18 Görenez v. Turkey

18/09/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review

34

47603/18 Demiroz v. Turkey

27/09/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

35

49062/18 Aytaç v. Turkey

28/09/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court

36

54235/18 Zengin v. Turkey

12/10/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor ’ s opinion Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court

37

54713/18 Bekler v. Turkey

12/10/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor ’ s opinion Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court

38

59564/18 Akbaba v. Turkey

26/11/2018

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

39

10884/19 Tutal v. Turkey

04/02/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention No effective remedy for compensation

40

11344/19 Özkan v. Turkey

13/02/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion

41

15742/19 Büyük v. Turkey

05/03/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review

42

22696/19 Serter v. Turkey

22/04/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Delay in examination by the Constitutional Court

43

23692/19 Cengiz v. Turkey

18/04/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities

44

30332/19 Özalp v. Turkey

30/05/2019

Lack of reasonable suspicion Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities

45

42487/19 Turunç v. Turkey

07/08/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Restriction of access to the investigation file

46

45663/19 Zorlu v. Turkey

15/08/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

47

53830/19 Nacak v. Turkey

23/08/2019

Lack of reasonable suspicion

48

54509/19 Subaşı v. Turkey

11/09/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention

49

56857/19 Erkan v. Turkey

29/09/2017

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review

50

61473/19 Benli v. Turkey

11/11/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

51

61485/19 Ata v. Turkey

14/11/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court

52

62714/19 Yılmaz v. Turkey

08/11/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

53

5266/20 Kızılay v. Turkey

21/01/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention

54

5767/20 Gülbaş v. Turkey

26/11/2019

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure to communicate the prosecutor ’ s opinion Lack/difficulties of legal assistance/other facilities

55

7969/20 Girgin v. Turkey

15/01/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file

56

8335/20 Kondur v. Turkey

04/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention Unlawful search of home and/or office

57

9343/20 Özmen v. Turkey

04/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion Delay in examination by the Constitutional Court

58

10095/20 Denizhan v. Turkey

17/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion Delay in examination by the Constitutional Court

59

10681/20 CebiÅŸ v. Turkey

10/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Delay in examination by the Constitutional Court

60

11500/20 Karaaslan v. Turkey

13/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

61

11663/20 Koyuncu v. Turkey

13/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

62

11664/20 Ayar v. Turkey

18/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Delay in examination by the Constitutional Court Unlawful search of home and/or office

63

11789/20 Kurt v. Turkey

06/12/2019

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Delay in examination by the Constitutional Court

64

11932/20 Kaya v. Turkey

20/02/2020

Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

65

12883/20 Kaygın v. Turkey

20/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Unlawful search of home and/or office

66

13576/20 Küçükkaplan v. Turkey

23/01/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

67

13701/20 Kaplan v. Turkey

04/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

68

13779/20 Öz v. Turkey

29/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court

69

13824/20 Akdamar v. Turkey

07/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

70

14846/20 Karagöz v. Turkey

28/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court

71

14874/20 Turgut v. Turkey

04/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review

72

14972/20 Erol v. Turkey

17/01/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file

73

15133/20 Bakırcı v. Turkey

06/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file No effective remedy for compensation

74

15740/20 Åžua v. Turkey

16/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities

75

16039/20 Çete v. Turkey

27/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion Unlawful search of home and/or office

76

16141/20 Sivri v. Turkey

31/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file No effective remedy for compensation Unlawful search of home and/or office

77

16243/20 Barut v. Turkey

27/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Delay in examination by the Constitutional Court Unlawful search of home and/or office

78

16784/20 TankiÅŸi v. Turkey

26/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion

79

17012/20 Söyler v. Turkey

01/04/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court Unlawful search of home and/or office

80

17126/20 Bozkurt v. Turkey

24/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure to communicate the prosecutor ’ s opinion

81

19088/20 Önkal v. Turkey

22/04/2020

Lack of reasonable suspicion

82

19143/20 Uslu v. Turkey

07/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities No effective remedy for compensation

83

19301/20 Yaldir v. Turkey

04/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Delay in examination by the Constitutional Court

84

19656/20 Gülleci Demir v. Turkey

16/04/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

85

20126/20 Gündoğdu v. Turkey

15/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

86

20135/20 Ä°htiyar v. Turkey

15/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

87

20587/20 Kuzgun v. Turkey

16/01/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

88

20844/20 Akçakoca v. Turkey

04/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention

89

21020/20 Kol v. Turkey

28/04/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Delay in examination by the Constitutional Court Unlawful search of home and/or office

90

21061/20 Ceran v. Turkey

05/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion Delay in examination by the Constitutional Court Unlawful search of home and/or office

91

21062/20 Akgün v. Turkey

20/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court

92

21088/20 Borucu v. Turkey

05/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review No effective remedy for compensation

93

21123/20 Girdi v. Turkey

06/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure to communicate the prosecutor ’ s opinion

94

21367/20 Köylü v. Turkey

22/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

95

21551/20 Güngör v. Turkey

23/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection Unlawful search of home and/or office

96

21749/20 Demir v. Turkey

27/04/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities

97

22243/20 Çelik v. Turkey

03/03/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Unlawful search of home and/or office

98

22923/20 Özdemir v. Turkey

08/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Failure/delay in communicating decisions relating to detention

99

22952/20 MendilcioÄŸlu v. Turkey

28/01/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court

100

22956/20 Çalışkan v. Turkey

08/06/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor ’ s opinion

101

23007/20 Sönmez v. Turkey

07/04/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review

102

23436/20 Aslan v. Turkey

22/05/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure to communicate the prosecutor ’ s opinion

103

24030/20 Citak v. Turkey

12/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Delay in examination by the Constitutional Court

104

25514/20 Dündar v. Turkey

20/04/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Delay in examination by the Constitutional Court

105

26039/20 KuÅŸku v. Turkey

25/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court

106

26042/20 Sefer v. Turkey

25/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Delay in examination by the Constitutional Court

107

26146/20 Bilge v. Turkey

12/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities

108

26337/20 Aslan v. Turkey

05/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file

109

27067/20 Kızılay v. Turkey

15/02/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review

110

28787/20 DurmuÅŸ v. Turkey

26/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file

111

29062/20 Gökçe v. Turkey

02/07/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Lack/difficulties of legal assistance/other facilities

112

29753/20 Bülbül v. Turkey

25/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Delay in examination by the Constitutional Court

113

29994/20 Bütün v. Turkey

26/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Lack of hearing during the detention review Delay in examination by the Constitutional Court

114

30003/20 Bakay v. Turkey

02/07/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention Unlawful search of home and/or office

115

30010/20 Polat v. Turkey

06/07/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file

116

30061/20 Y ıldırım v. Turkey

22/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file

117

30329/20 Uçar v. Turkey

06/07/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities

118

32774/20 Özel v. Turkey

20/07/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure to communicate the prosecutor ’ s opinion

119

33365/20 Altınok v. Turkey

29/07/2020

Lack of reasonable suspicion Restriction of access to the investigation file Lack/difficulties of legal assistance/other facilities

120

34445/20 BaÅŸ v. Turkey

14/07/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor ’ s opinion: Unlawful search of home and/or office

121

34682/20 KebeÅŸoglu v. Turkey

04/06/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Delay in examination by the Constitutional Court

122

34959/20 Özkarslı v. Turkey

07/08/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack/difficulties of legal assistance/other facilities

123

35603/20 Kuru v. Turkey

27/07/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities

124

36651/20 Bülbül v. Turkey

10/08/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

125

36837/20 Menengiç v. Turkey

07/08/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/difficulties of legal assistance/other facilities

126

36884/20 Çengeloğlu v. Turkey

21/08/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention

127

37234/20 Sevdim v. Turkey

11/08/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure to communicate the prosecutor ’ s opinion

128

37894/20 Yılmaz v. Turkey

18/08/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file

129

38272/20 Aygün v. Turkey

20/08/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure to communicate the prosecutor ’ s opinion

130

38305/20 Arslantürk v. Turkey

13/08/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion Delay in examination by the Constitutional Court Unlawful search of home and/or office

131

41241/20 Aslan v. Turkey

01/07/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Delay in examination by the Constitutional Court

132

41402/20 Pehlivan v. Turkey

27/08/2020

Failure to comply with procedural guarantees provided for in domestic law

133

42759/20 Özenir v. Turkey

14/09/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor ’ s opinion Lack/difficulties of legal assistance/other facilities

134

43083/20 Kılınç v. Turkey

15/09/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Failure to communicate the prosecutor ’ s opinion Lack/difficulties of legal assistance/other facilities Delay in examination by the Constitutional Court Unlawful search of home and/or office

135

43232/20 Karaarslan v. Turkey

08/09/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention Delay in examination by the Constitutional Court

136

43997/20 Gürbüz v. Turkey

16/09/2020

Failure to comply with procedural guarantees provided for in domestic law Length of pre-trial detention Lack of relevant and sufficient reasons for detention

137

48669/20 Boz v. Turkey

22/10/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Lack/difficulties of legal assistance/other facilities

138

49485/20 Can v. Turkey

03/11/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Restriction of access to the investigation file Delay in examination by the Constitutional Court

139

49609/20 CoÅŸkun v. Turkey

26/10/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review

140

50209/20 Kanlı v. Turkey

28/08/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection

141

50847/20 Acar v. Turkey

23/10/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review No effective remedy for compensation

142

51383/20 Çolak v. Turkey

14/10/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Lack/difficulties of legal assistance/other facilities

143

51555/20 Gültekin v. Turkey

30/06/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

144

52598/20 Ä°nal v. Turkey

24/11/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention

145

54011/20 Baysal v. Turkey

27/08/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/delay in communicating decisions relating to detention Failure/delay in examining requests for enlargement/objection

146

54412/20 Göztaş v. Turkey

25/11/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack/difficulties of legal assistance/other facilities

147

54426/20 TaÅŸdelen v. Turkey

19/10/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure to communicate the prosecutor ’ s opinion Delay in examination by the Constitutional Court

148

1953/21 Saydan v. Turkey

22/12/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

149

3160/21 Çapa v. Turkey

08/12/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in examining requests for enlargement/objection Failure/delay in communicating decisions relating to detention

150

6976/21 Ekim v. Turkey

14/01/2021

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion

151

9539/21 Aydın v. Turkey

17/11/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Restriction of access to the investigation file Lack of hearing during the detention review Failure/delay in communicating decisions relating to detention Unlawful search of home and/or office

152

9797/21 Özgül v. Turkey

25/12/2020

Failure to comply with procedural guarantees provided for in domestic law Lack of reasonable suspicion Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure to communicate the prosecutor ’ s opinion