BAĞRıYANıK v. TURKEY
Doc ref: 66468/09 • ECHR ID: 001-175356
Document date: June 13, 2017
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Communicated on 13 June 2017
SECOND SECTION
Application no. 66468/09 Hadi BAÄžRIYANIK against Turkey lodged on 9 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 Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016, and Salduz v. Turkey [GC], no. 36391/02, ECHR 2008) . It further pertains to the allegation of 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 applicant 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 applicant during the preliminary investigation (see Ibrahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016, and Salduz v. Turkey [GC], no. 36391/02, ECHR 2008)?
2. Was 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 applicant ’ s case, including but not limited to the minutes of all the hearings, the reasoned judgment(s) of the trial court, documentary evidence against the applicant, and the written submissions of the applicant and his lawyers throughout the proceedings.