Published on 4 July 2022

SECOND SECTION

Applications nos. 27814/17 and 27818/17 SARIPINAR GIDA SANAYİ VE TİCARET LTD. ŞTİ. against Turkey and Özay TÜRKMEN against Turkey lodged on 25 February 2017 and 28 February 2017 respectively communicated on 14 June 2022

STATEMENT OF FACTS

The applications concern the alleged unfairness of proceedings whereby the applicants, owners of liquor stores, sought to challenge fines imposed on them for selling alcohol outside the authorised selling hours (approximately 9,458 Euros (EUR) for the first applicant and EUR 15,152 for the second applicant at the material time) on the basis of reports compiled by the police.

Relying on Article 6 of the Convention, both applicants complain of the domestic courts’ failure to hold a hearing; collect and examine any evidence; take evidence from them in person and to deliver a reasoned judgment.

QUESTIONS TO THE PARTIES

1. Did the administrative fines fall within the ambit of the criminal limb of Article 6 of the Convention? In the affirmative, 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 (see Sancaklı v. Turkey , no. 1385/07, §§ 28-31, 15 May 2018, and Özmurat Ä°nÅŸaat Elektrik Nakliyat Temizlik San. ve Tic. Ltd. Åžti. v. Turkey , no. 48657/06, §§ 22 ‑ 26, 28 November 2017)? In particular, could the applicants effectively challenge the fines imposed on them before tribunals that offered the guarantees of Article 6 § 1 of the Convention, including, in particular, the principles of equality of arms and adversarial proceedings and the right to a reasoned judgment?

2. Has there been a public hearing in the present case, as required by Article 6 § 1 of the Convention?

The Government are invited to submit copies of all the relevant documents concerning the applicants’ case, including but not limited to, documentary evidence against the applicants, and the written submissions of the applicants throughout the proceedings.

List of applications

No.

Application no.

Case name

Applicant Nationality

Represented by

1.

27814/17

Sarıpınar Gıda Sanayi ve Ticaret Ltd. Şti. v. Turkey

SARIPINAR GIDA SANAYÄ° VE TÄ°CARET LTD. ÅžTÄ°. Turkish

Hikmet TEPE

2.

27818/17

Türkmen v. Turkey

Özay TÜRKMEN Turkish

Hikmet TEPE