Communicated on 22 February 2018

SECOND SECTION

Application no. 2281/10 Abdulcebbar KIRTAY against Turkey lodged on 1 December 2009

SUBJECT MATTER OF THE CASE

The application concerns the alleged unfairness of the criminal proceedings due to the systemic restriction imposed on the applicant ’ s right of access to a lawyer during the pre-trial stage pursuant to Law no. 3842 and the subsequent use by the trial court of those statements taken in the absence of a lawyer ( see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008 , and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016).

QUESTION 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, has there been a breach of Article 6 § 3 (c) of the Convention, as a result of the lack of legal assistance available to the applicant during the preliminary investigation (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and İbrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016 ) ?