AKIN v. TURKEY
Doc ref: 29386/09 • ECHR ID: 001-192728
Document date: March 28, 2019
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Communicated on 28 March 2019
SECOND SECTION
Application no. 29386/09 Hamdi AKI N against Turkey lodged on 6 May 2009
SUBJECT MATTER OF THE CASE
The application concerns the alleged prejudice to the applicant ’ s right to a fair trial under Article 6 § 1 of the Convention taken in conjunction with Article 6 § 3 (b) due to alleged non-communication of the reasoned judgment of the trial court to his lawyer.
QUESTIONS tO THE PARTIES
Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 § 1 of the Convention? In particular, was the reasoned judgment of the Ankara Enforcement Court related to criminal matters ( Ankara İcra Ceza HakimliÄŸi ) dated 4 December 2008 served on the applicant ’ s lawyer as required by the domestic law? If not, was the applicant afforded adequate time and facilities to prepare his defence, as required by Article 6 § 3 (b) of the Convention? Were the applicant ’ s defence rights unduly affected by the non-notification of the reasoned judgment of the trial court under Article 6 § 1 of the Convention taken in conjunction with Article 6 § 3 (b) of the Convention (see, mutatis mutandis, Baucher v. France , no. 53640/00, §§ 46 ‑ 51, 24 July 2007, and Zoon v. the Netherlands , no. 29202/95, §§ 39 ‑ 51, ECHR 2000 ‑ XII)?
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