Communicated on 22 November 2018

SECOND SECTION

Application no. 67148/09 Hamza YALÇ I N and Elif MET İ N POLAT against Turkey lodged on 17 December 2009

SUBJECT MATTER OF THE CASE

The application concerns the use of the statements obtained f rom the applicants and their co-defendants under alleged duress during the preliminary investigation stage ( see, in respect of the applicant Aydın Çetinkaya v. Turkey , no. 2082/05 , § 98-108, and in respect of the co ‑ defendants see Erkapic v. Croatia , no. 51198/08, 25 April 2013, and compare Dominka v. Slovakia , ( dec. ) no. 14630/12, §§ 28-36, 3 April 2018) ).

QUESTIONS tO THE PARTIES

1. Did the applicant s have a fair hearing in the determination of the criminal charges against them , in accordance with Article 6 § 1 of the Convention? In particular;

( a) Was the judgment of the trial court based on police statements taken from the applicant as a result of ill-treatment? Has there been a violation of the applicants ’ right to a fair hearing in this respect? ( see Aydın Çetinkaya v. Turkey , no. 2082/05, § 98-108, 2 February 2016, and Özcan Çolak v. Turkey , no. 30235/03, §§ 47-50, 6 October 2009) ?

( b) Have the requirements of a fair trial within the meaning of Article 6 §§ 1 and 3 (d) of the Convention been satisfied as regards the admission into evidence of the incriminating statements that the other co-defendants had given to the police under alleged duress (see Erkapic v. Croatia , no. 51198/08, 25 April 2013; and compare Dominka v. Slovakia , ( dec. ) no. 14630/12, §§ 28-36, 3 April 2018)?

The Government are invited to submit all the relevant documents, including but not limited to the minutes of all the hearings, the documentary evidence against the applicant s , and the written submissions of the applicant s and their lawyer s throughout the proceedings.