Communicated on 21 September 2018

SECOND SECTION

Application no. 48555/08 Met i n ATAY against Turkey lodged on 7 October 2008

SUBJECT MATTER OF THE CASE

The application concerns the applicant ’ s inability to confront, question and examine certain witnesses, namely N.G., R.G. and N. D., during the criminal proceedings against him. It further concerns the restriction of the applicant ’ s right of access to a court where his appeal was declared inadmissible, as the applicant was sentenced to a fine, the amount of which was lower than the statutory threshold for an appeal to the Court of Cassation, pursuant to the Article 305/1 of the law no. 1412 then in force.

The applicant relies on Article 6 §§ 1 and 3 (d) of the Convention and Article 2 of Protocol no. 7 of the Convention.

QUESTIONS tO THE PARTIES

1. Was the applicant able to examine the witnesses against him 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 his 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)?

2. Did the inability of the applicant to lodge an appeal against the judgment of the Bodrum Magistrates ’ Court constitute a disproportionate interference with his right of access to a court, in violation of Article 6 § 1 of the Convention? ( see , mutatis mutandis , Bayar and Gürbüz v. Turkey , no. 37569/06, §§ 37-49, 27 November 2012)