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YARDIMCI v. TURKEY

Doc ref: 34176/11 • ECHR ID: 001-187205

Document date: September 24, 2018

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YARDIMCI v. TURKEY

Doc ref: 34176/11 • ECHR ID: 001-187205

Document date: September 24, 2018

Cited paragraphs only

Communicated on 24 September 2018

SECOND SECTION

Application no. 34176/11 Remziye YARDIMCI against Turkey lodged on 22 April 2011

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s inability to confront and examine a certain witness, namely S. O., during the criminal proceedings against her. It further concerns the lack of an assistance of an interpreter during her interviews by the police and the public prosecutor at the preliminary investigation stage .

QUESTIONS tO THE PARTIES

1. Did the applicant have a fair hearing in the determination of the criminal charges against her, in accordance with Article 6 § 1 of the Convention? In that connection:

(a) Was the applicant able to examine witness es against h er as required by Article 6 § 3 (d) of the Convention? If not, has there been a breach of the applicant ’ s right to a fair trial provided by Article 6 §§ 1 and 3 (d) of the Convention due to her inability to examine or have examined the witnesses (see Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100 ‑ 131, ECHR 2015; and DaÅŸtan v. Turkey , no. 37272/08, 10 October 2017)?

(b) Having regard to the absence of an interpreter during her interviews by the police and the public prosecutor at the preliminary investigation stage, did the applicant have a fair hearing in the determination of the criminal charges against her in accordance with Article 6 §§ 1 and 3 (e) of the Convention? ( Baytar v. Turkey , no. 45440/04 , §§ 46-59, 14 October 2014 .

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