Communicated on 22 February 2018

SECOND SECTION

Application no. 35819/09 Åževket AKTAÅž against Turkey lodged on 18 May 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 and allegedly under duress ( see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008 ; Özcan Çolak v. Turkey , no. 30235/03, §§ 47 ‑ 50, 6 October 2009; and Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016).

The application further concerns the alleged lack of independence and impartiality of the trial court due to the presence of a military judge in its composition at the initial stage of the trial (see Incal v. Turkey , 9 June 1998, Reports of Judgments and Decisions 1998 ‑ IV; and compare Ceylan v. Turkey ( dec. ), no. 68953/01, 30 August 2005.

QUESTIONS tO THE PARTIES

1. Did the applicant have a fair hearing in the determination of the criminal charges against himself, 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 I brahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016 ) ?

2. Did the use of statements taken under alleged duress and in the absence of a lawyer violate the applicant ’ s right to a fair hearing (see Özcan Çolak v. Turkey , no. 30235/03, §§ 47-50, 6 October 2009)?

3. Did the applicant receive a fair trial by an independent and impartial tribunal as required by Article 6 § 1 of the Convention (see Ä°ncal v. Turkey , 9 June 1998, Reports of Judgments and Decisions 1998 ‑ IV; and compare Ceylan v. Turkey ( dec. ), no. 68953/01, 30 August 2005)?

The Government are invited to submit copies of all the relevant documents concerning the applicant ’ s case, including but not limited to the minutes of all the hearings, documentary evidence against the applicant and the reasoned judgment of the trial court, the applicant ’ s and his lawyers ’ written submissions both before the trial court and before the Court of Cassation.