ÇERIK AND OTHERS v. TURKEY
Doc ref: 5763/10 • ECHR ID: 001-174187
Document date: May 9, 2017
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Communicated on 9 May 2017
SECOND SECTION
Application no. 5763/10 Ramazan ÇERİK and Others (see list appended ) against Turkey lodged on 24 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 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 (see Salduz v. Turkey [GC], no. 36391/02, ECHR 2008, and İ brahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016 ) .
QUESTION tO THE PARTIES
1. Did the applicants have a fair hearing in the determination of the criminal charges against them, 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 İ brahim and Others v. the United Kingdom [GC], nos. 50541/08 and 3 others, ECHR 2016 )?
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, the reasoned judgment(s) of the trial court, documentary evidence against the applicants, and the written submissions of the applicants and their lawyers throughout the proceedings.
appendix
L ist of applicants :