Communicated on 18 September 2017

SECOND SECTION

Application no. 27135/09 Åžemsettin Ä°NCE against Turkey lodged on 24 April 2009

SUBJECT MATTER OF THE CASE

The application mainly concerns the applicant ’ s inability to appear before a court for twenty-one days during his pre-trial detention, and the dismissal of his objection filed against the detention order by the appeal court on the basis of the public prosecutor ’ s written opinion that had not been communicated to the applicant or to his representative. The applicant further complained under Article 5 § 5 of the Convention about the lack of compensation under domestic law.

QUESTIONS tO THE PARTIES

1. Having regard to the fact that the applicant was denied appearance before a judge between 28 November 2008 (the date on which he was placed in detention on remand) and 19 December 2008 (the date on which his objection against his pre-trial detention was dismissed by the Istanbul Assize Court), has there been a violation of Article 5 § 4 of the Convention?

2. Was the non-communication of the opinion of the public prosecutor during the proceedings before the 9 th Chamber of the Istanbul Assize Court in conformity with the principle of equality of arms foreseen by Article 5 § 4 of the Convention?

2. Did the applicant have an effective and enforceable right to compensation as required by Article 5 § 5 of the Convention?