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UZUN v. TURKEY and 19 other applications

Doc ref: 49341/18, 59185/18, 2368/19, 6239/19, 7360/19, 10539/19, 11837/19, 11950/19, 11959/19, 12723/19, 146... • ECHR ID: 001-196833

Document date: September 20, 2019

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UZUN v. TURKEY and 19 other applications

Doc ref: 49341/18, 59185/18, 2368/19, 6239/19, 7360/19, 10539/19, 11837/19, 11950/19, 11959/19, 12723/19, 146... • ECHR ID: 001-196833

Document date: September 20, 2019

Cited paragraphs only

Communicated on 20 September 2019

SECOND SECTION

Application no. 49341/18 Nuh UZUN against Turkey and 19 other applications (see list appended)

SUBJECT MATTER OF THE CASE

All the applications listed below (see appendix) concern the electronic recording and storage of the applicants ’ private correspondence in the National Judicial Network System (UYAP) by the authorities during their detention. One application (no. 7360/19) concerns the alleged control of the applicant ’ s correspondence with his lawyer and the electronic recording and storage of this correspondence in UYAP.

The applications nos. 10539/19, 11959/19, 12723/19, 14603/19, 15626/19, 16803/19, 17838/19, 19405/19, 19843/19 and 20101/19 also concern the non-communication of the public prosecutors ’ written opinions during the proceedings before the enforcement judges and/or the assize courts.

The cases raise issues under Articles 6 and 8 of the Convention.

QUESTIONS TO THE PARTIES

1. Has there been an interference with the applicants ’ right to respect for their private life and correspondence, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2?

In particular, the Government are invited to provide the following information:

- the reasons justifying the electronic recording and storage of the applicants ’ private letters,

- the persons and/or public authorities entitled to have access to these letters and the period of storage of these letters,

- whether there are appropriate safeguards to prevent any such disclosure of personal information that might be inconsistent with the guarantees of Article 8.

2. Has there been a violation of the applicant ’ s right to respect for his correspondence with his lawyer, contrary to Article 8 of the Convention (see, for instance, Campbell v. the United Kingdom, 25 March 1992, §§ 32 ‑ 54, Series A no. 233)?

3. Did the applicants have an opportunity to present their opinions before the enforcement judges and assize courts and were the written opinions of the public prosecutors communicated to the applicants? If not, has there been a breach of the applicants ’ right to adversarial proceedings on account of the non-communication of these opinions and the lack of opportunity to submit their observations (see Günana and others v. Turkey , no. 70934/10 and 4 others, §§ 82-85, 20 November 2018)?

4. In this regard, did the non-communication of the public prosecutors ’ opinions amount to “a significant disadvantage” within the meaning of Article 35 § 3 (b) of the Convention (see Günana and others cited above §§ 78-81, Kılıç and Others v. Turkey ( dec. ) , no. 33162/10, §§ 19-32, 3 December 2013 and Çançar v. Turkey ( dec. ), no. 45027/05, §§ 15-17, 28 June 2016)?

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant

Date of Birth

Place of Residence

Nationality

Represented by

49341/18

Uzun v. Turkey

27/09/2018

Nuh UZUN

22/09/1988

KahramamaraÅŸ

Turkish

Recep ÇINAR

59185/18

Kıldan v. Turkey

28/11/2018

Ä°smail Turgut KILDAN

01/01/1983

Antalya

Turkish

Emre AKARYILDIZ

2368/19

TaÅŸdan v. Turkey

06/12/2018

Mehmet Nafi TAÅžDAN

19/05/1984

Ankara

Turkish

6239/19

Hallaçoğlu v. Turkey

02/11/2018

Ruhi HALLAÇOĞLU

09/10/1975

Osmaniye

Turkish

7360/19

Arıç v. Turkey

24/01/2019

Mehmet ARIÇ

15/08/1980

Balıkesir

Turkish

Numan ARIÇ

10539/19

Kurtgöz v. Turkey

28/01/2019

Ahmet KURTGÖZ

03/03/1969

Mersin

Turkish

11837/19

Özkan v. Turkey

01/02/2019

Mustafa ÖZKAN

11/08/1983

Konya

Turkish

11950/19

Sakman v. Turkey

15/02/2019

Mustafa SAKMAN

26/02/1971

Osmaniye

Turkish

11959/19

Tüzün v. Turkey

22/01/2019

Soner TÃœZÃœN

24/05/1984

Aksaray

Turkish

12723/19

Öğütalan v. Turkey

19/02/2019

Ersin ÖĞÜTALAN

10/02/1987

NevÅŸehir

Turkish

14603/19

Sazıl v. Turkey

04/03/2019

Selami SAZIL

10/01/1972

Adana

Turkish

15626/19

C.A. v. Turkey

01/03/2019

C.A.

10/01/1973

Konya

Turkish

16548/19

Aslan v. Turkey

04/03/2019

Mustafa ASLAN

19/07/1972

Ankara

Turkish

16803/19

Kökten v. Turkey

22/02/2019

Mustafa KÖKTEN

02/04/1981

Osmaniye

Turkish

17838/19

Tonbul v. Turkey

11/03/2019

Mehmet TONBUL

20/05/1974

Hatay

Turkish

19085/19

Yazar v. Turkey

27/03/2019

Yusuf YAZAR

29/02/1972

Osmaniye

Turkish

19405/19

Fesli v. Turkey

25/03/2019

Muhammed Hamza FESLÄ°

06/03/1992

Mersin

Turkish

19843/19

Göksan v. Turkey

28/03/2019

Mehmet Fatih GÖKSAN

13/03/1990

Aydın

Turkish

20101/19

Korkmaz v. Turkey

29/03/2019

Enis KORKMAZ

01/10/1984

Ä°zmir

Turkish

24060/19

Özdemir v. Turkey

11/04/2019

Hasan ÖZDEMİR

01/01/1984

Kütahya

Turkish

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