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DOĞAN v. TURKEY

Doc ref: 3324/19 • ECHR ID: 001-196118

Document date: August 28, 2019

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DOĞAN v. TURKEY

Doc ref: 3324/19 • ECHR ID: 001-196118

Document date: August 28, 2019

Cited paragraphs only

Communicated on 28 August 2019

SECOND SECTION

Application no. 3324/19 Mehmet Zeki DOÄžAN against Turkey lodged on 26 December 2018

SUBJECT MATTER OF THE CASE

The application concerns the alleged unfairness of the criminal proceedings against the applicant which were reopened following the Court ’ s finding of a violation of Article 6 of the Convention in respect of the applicant in Mehmet Zeki Doğan v. Turkey (No. 38114/03, 6 October 2009).

In particular, it pertains to his conviction as a result of the use of evidence allegedly obtained under duress and in the absence of a lawyer from certain other co-defendants (see for general principles Erkapic v. Croatia , no. 51198/08, 25 April 2013; Ömer Güner v. Turkey , no. 28338/07, 4 September 2018; and compare Dominka v. Slovakia , ( dec. ) no. 14630/12, §§ 28-36, 3 April 2018).

QUESTIONS tO THE PARTIES

Did the applicant have a fair trial within the meaning of Article 6 § 1 of the Convention? In particular, did the use of evidence obtained by V.Ç. and M.K. allegedly through ill-treatment and in the absence of a lawyer to convict the applicant prejudice the overall fairness against the applicant (see Erkapic v. Croatia , no. 51198/08, 25 April 2013; Ömer Güner v. Turkey , no. 28338/07, 4 September 2018; and compare Dominka v. Slovakia , ( dec. ) no. 14630/12, §§ 28-36, 3 April 2018)?

The Government are invited to submit copies of all the relevant documents concerning the applicant ’ s case, including but not limited to the minutes of all the hearings, the reasoned judgment of the trial court, documentary evidence against the applicant, and the written submissions of the applicant and his lawyer throughout the proceedings.

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