Communicated on 21 February 2018

SECOND SECTION

Application no. 29114/09 Ekrem KILAVUZ against Turkey and 3 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The applications concern the alleged unfairness of the criminal proceedings due to the systemic restriction imposed on the applicants ’ 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). One of the applications further pertains to the applicant ’ s inability to examine or have examined the witnesses during the criminal proceedings (see Schatschaschwili v. Germany [GC], no. 9154/10, §§ 100 ‑ 131, ECHR 2015).

QUESTIONS tO THE PARTIES

1. Did the applicants have a fair hearing in the determination of the criminal charges against themselves, 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 applicants 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 ) ?

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

In respect of the applicant in application no. 29114/09;

3. W as the applicant able to examine the witnesses against him and have examined those on his behalf 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)?

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

APPENDIX

No.

Application no.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

29114/09

07/05/2009

Ekrem KILAVUZ

26/02/1976

Şanlıurfa

32848/09

01/06/2009

İbrahim GÜRCEĞİZ

20/12/1973

Diyarbakır

35818/09

03/06/2009

Mustafa BOZKURT

05/10/1974

Diyarbakır

36691/09

22/06/2009

Bilal ÇETİNER

03/02/1974

Diyarbakır