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KÜÇÜKGÖZ v. TURKEY and 195 other applications

Doc ref: 43550/20, 43649/20, 43660/20, 43696/20, 43721/20, 43990/20, 44002/20, 44063/20, 44088/20, 44213/20, ... • ECHR ID: 001-214418

Document date: November 23, 2021

  • Inbound citations: 42
  • Cited paragraphs: 2
  • Outbound citations: 2

KÜÇÜKGÖZ v. TURKEY and 195 other applications

Doc ref: 43550/20, 43649/20, 43660/20, 43696/20, 43721/20, 43990/20, 44002/20, 44063/20, 44088/20, 44213/20, ... • ECHR ID: 001-214418

Document date: November 23, 2021

Cited paragraphs only

Published on 13 December 2021

SECOND SECTION

Application no. 43550/20 Murat KÜÇÜKGÖZ against Turkey and 195 other applications (see list appended) communicated on 23 November 2021

SUBJECT MATTER OF THE CASE

The applications mainly concern the applicants’ arrest and pre-trial detention, on suspicion of membership of FETÖ/PDY (Fetullahist Terrorist Organisation / Parallel State Structure), in the aftermath of the attempted coup d’état which took place on 15 July 2016.

The applicants complain of a violation of Article 5 of the Convention on the basis of the following allegations (see the appended table for detailed information as to the specific complaints raised by each applicant):

- They were detained in the absence of any suspicion that they committed an offence;

- There were no relevant and sufficient reasons to justify their initial and/or continued pre-trial detention;

- The length of their pre-trial detention was excessive;

- The reviews of detention took place without a hearing and they were not notified of the opinion of the public prosecutor on those reviews;

- Their access to the investigation files was restricted;

- The objections to their detention or their requests for release were not examined or examined belatedly;

- The decisions extending their pre-trial detention were not notified to them, or were notified with a delay, which prevented them from appealing against those decisions;

- They did not benefit from effective legal assistance and facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers was monitored by the prison authorities;

- The time taken by the Constitutional Court to conduct its examination on their individual applications was excessive;

- There was no compensatory remedy available in domestic law for the alleged violation of their rights under Article 5 of the Convention.

QUESTIONS TO THE PARTIES

On the basis of the complaints communicated in accordance with the list in the Appendix

1. Can the applicants be considered to have been detained on the basis of “a reasonable suspicion” that they had committed an offence (see, in particular, Fox, Campbell and Hartley v. the United Kingdom , 30 August 1990, § 32, Series A No. 182), taking into account, in particular, Article 100 of the Code of Criminal Procedure, which requires “concrete evidence demonstrating the existence of strong suspicions” as to the commission of the offence?

Moreover, has the Constitutional Court based the existence of reasonable suspicion on evidence discovered after the decisions had been taken to detain the applicants?

2. (a ) Did the applicants exhaust the remedies available in domestic law in relation to their complaints under Article 5 § 3 of the Convention? To the extent that the applicants’ complaints did not relate solely to the length of their pre-trial detention but also concerned the alleged failure of the domestic courts to provide relevant and sufficient reasons to justify their initial and continued pre-trial detention, can a compensation claim under Article 141 § 1(d) of the Code of Criminal Procedure be regarded as an effective remedy in respect of those complaints (see Selahattin Demirtaş v. Turkey (no. 2) [GC], no. 14305/17, § 213, 22 December 2020)?

(b) Was the applicants’ pre-trial detention compatible with the requirements of Article 5 § 3 of the Convention? In particular:

(i) Did the judges, who ordered the applicants’ initial pre-trial detention and the prolongation of their detention, and who examined the objections lodged against those decisions, fulfil their obligation to provide relevant and sufficient grounds for the deprivation of liberty in question (see, in particular, Buzadji v. the Republic of Moldova [GC], no. 23755/07, § 102, ECHR 2016 (extracts))?

(ii) Was the length of the applicants’ pre-trial detention in breach of the “reasonable time” requirement under Article 5 § 3 of the Convention?

3. Did the applicants have at their disposal an effective remedy by which they could challenge the lawfulness of their deprivation of liberty, as required by Article 5 § 4 of the Convention? In particular, the Government are invited to respond to the following complaints made by the applicants (to the extent that they concern remedies already sought at the time of the lodging of the complaints, as relevant):

(i) the principle of equality of arms had not been respected, as the decisions to extend their detention and their objections to those decisions had been examined without a hearing and the prosecutors’ opinions had not been communicated to them;

(ii) they had been unable to challenge their detention in an effective manner because of the restriction imposed on their access to the investigation file;

(iii) their objections to their detention had not been examined or had been examined belatedly;

(iv) the decisions to extend their detention had not been notified to them or had been notified with a delay, which had prevented them from lodging objections against those decisions;

(v) they had had no effective legal assistance or facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers had been monitored;

(vi) the time taken by the Constitutional Court to examine their individual applications had been protracted.

4. Did the compensation remedy provided under Article 141 of the Code of Criminal Procedure constitute an effective remedy, within the meaning of Article 5 § 4 of the Convention, in respect of complaints concerning (i) the lack of an oral hearing during the review of detention; (ii) the non ‑ notification or belated notification of the detention decision; and (iii) the lack of or delay in the examination of the objection against detention by the magistrates’ courts?

5. Did the applicants have, as required by Article 5 § 5 of the Convention, an effective and enforceable right to obtain compensation for their detention, which they consider to have been contrary to Article 5 §§ 1, 3 and/or 4?

APPENDIX

List of applications

No.

App. no

Case Title

Date of introduction

Complaints

1

43550/20 Küçükgöz v. Turkey

16/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

2

43649/20 Avcu v. Turkey

18/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

3

43660/20 Güneri v. Turkey

24/09/2020

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

4

43696/20 Karaburçak v. Turkey

22/09/2020

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

5

43721/20 AkdaÄŸ v. Turkey

10/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

6

43990/20 LikoÄŸlu v. Turkey

16/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

7

44002/20 Polat v. Turkey

15/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

8

44063/20 Kavlak v. Turkey

14/08/2020

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

9

44088/20 Yüksel v. Turkey

03/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

10

44213/20 SoydaÅŸ v. Turkey

10/09/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

11

44249/20 Keskin v. Turkey

28/09/2020

Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

12

44261/20 Tiryaki v. Turkey

04/09/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

13

44393/20 Durak v. Turkey

25/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

14

44399/20 Maden v. Turkey

23/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

15

44488/20 Karagöz v. Turkey

21/09/2020

Delay in examination by the Constitutional Court Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

16

44528/20 Yıldız v. Turkey

03/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

17

44838/20 Eski v. Turkey

10/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

18

44928/20 Kara v. Turkey

21/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

19

44932/20 Ayrılmaz v. Turkey

22/09/2020

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

20

45251/20 YiÄŸit v. Turkey

02/10/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

21

45804/20 YiÄŸit v. Turkey

08/10/2020

Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

22

45814/20 Åžen v. Turkey

01/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

23

45836/20 Dokuz v. Turkey

30/09/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

24

46018/20 Altun v. Turkey

01/10/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

25

46069/20 Okka v. Turkey

08/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

26

46070/20 Özden v. Turkey

08/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

27

46177/20 Demir v. Turkey

02/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

28

46465/20 AslantaÅŸ v. Turkey

08/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

29

46468/20 Can v. Turkey

08/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

30

46680/20 Ä°mir v. Turkey

08/10/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

31

46879/20 Çoban v. Turkey

08/10/2020

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Lack of reasonable suspicion

32

47307/20 Kör v. Turkey

14/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

33

47348/20 Polat v. Turkey

13/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

34

47378/20 Kanat v. Turkey

12/10/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

35

47622/20 Åženyurt v. Turkey

22/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

36

47697/20 Güney v. Turkey

13/10/2020

Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

37

47812/20 Gülek v. Turkey

16/10/2020

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

38

47814/20 Kurt v. Turkey

19/10/2020

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

39

48952/20 Emeç v. Turkey

28/08/2020

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

40

48982/20 Kanak v. Turkey

20/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

41

49075/20 Toruk v. Turkey

27/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

42

49676/20 Fırat v. Turkey

21/10/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

43

49690/20 Yücel v. Turkey

23/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

44

50182/20 Uçar v. Turkey

21/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

45

50616/20 Akan v. Turkey

23/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

46

50656/20 Boz v. Turkey

05/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

47

50844/20 Abanoz v. Turkey

05/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

48

51010/20 Åžahin v. Turkey

02/11/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

49

51131/20 Canbulat v. Turkey

05/11/2020

Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

50

51139/20 Çelikoğlu v. Turkey

05/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

51

51256/20 Çelen v. Turkey

04/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

52

51374/20 Ercan v. Turkey

04/11/2020

Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

53

51444/20 Oruç v. Turkey

04/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

54

51510/20 Keklik v. Turkey

05/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

55

51814/20 Tutal v. Turkey

09/11/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

56

51879/20 Kaplan v. Turkey

11/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

57

51915/20 Uçar v. Turkey

17/09/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

58

52055/20 Åžen v. Turkey

13/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

59

52091/20 Muradalan v. Turkey

13/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

60

52143/20 Turan v. Turkey

11/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

61

52181/20 Özsarı v. Turkey

24/06/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

62

52214/20 Åžahin v. Turkey

02/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

63

52221/20 Duran v. Turkey

09/11/2020

Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

64

52331/20 Kara v. Turkey

26/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

65

52597/20 Çınar v. Turkey

16/11/2020

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

66

52743/20 Yalçın v. Turkey

17/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

67

52796/20 Kara v. Turkey

17/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

68

52952/20 Bal v. Turkey

21/07/2020

Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

69

53047/20 ErdoÄŸdu v. Turkey

27/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

70

53162/20 Ä°ncebacak v. Turkey

08/07/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

71

53938/20 BaÄŸdat v. Turkey

30/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

72

53956/20 Yazbahar v. Turkey

09/07/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

73

54007/20 Küçükkaya v. Turkey

10/08/2020

Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

74

54296/20 Ãœnveren v. Turkey

20/11/2020

Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

75

54391/20 Özdemir v. Turkey

20/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

76

54573/20 MinnetoÄŸlu v. Turkey

01/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

77

54637/20 Koca v. Turkey

20/11/2020

Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

78

54798/20 TekbaÅŸ v. Turkey

23/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

79

54832/20 Berber v. Turkey

15/10/2020

Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

80

54849/20 Önce v. Turkey

15/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

81

55029/20 Şanlı v. Turkey

26/10/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

82

55290/20 Çiftçi v. Turkey

30/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

83

55503/20 Bozköylü v. Turkey

20/11/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

84

55510/20 Gün v. Turkey

24/11/2020

Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

85

55862/20 Keskin v. Turkey

26/11/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

86

41/21 Pakır v. Turkey

03/12/2020

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

87

70/21 Çaparoğlu v. Turkey

07/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

88

72/21 Güner v. Turkey

02/12/2020

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

89

103/21 Kaya v. Turkey

04/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

90

162/21 Demircan v. Turkey

02/12/2020

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

91

493/21 Ayçiçek v. Turkey

03/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

92

963/21 Koçal v. Turkey

15/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

93

1047/21 Ardıç v. Turkey

18/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

94

1160/21 Kaya v. Turkey

08/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

95

1202/21 CiÄŸerci v. Turkey

18/12/2020

Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion

96

1386/21 Aydemir v. Turkey

26/11/2020

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

97

1537/21 Çevik v. Turkey

24/12/2020

Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

98

1622/21 Atasever v. Turkey

22/12/2020

Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

99

1756/21 Delice v. Turkey

23/12/2020

Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

100

1916/21 Gündüz v. Turkey

21/12/2020

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

101

1969/21 Karaduman v. Turkey

22/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

102

2000/21 Bat v. Turkey

10/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

103

2344/21 Durmaz v. Turkey

25/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

104

2362/21 Uslu v. Turkey

08/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

105

2526/21 Mirici v. Turkey

24/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

106

3082/21 Bozkurt v. Turkey

30/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

107

3107/21 Tokatlı v. Turkey

16/12/2020

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

108

3182/21 Karaca v. Turkey

28/12/2020

Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion

109

3196/21 Kaya v. Turkey

08/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

110

3454/21 Bozkurt v. Turkey

28/12/2020

Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

111

3584/21 Keskin v. Turkey

31/12/2020

Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

112

3606/21 Kodal v. Turkey

23/12/2020

Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

113

3867/21 Gökmen v. Turkey

30/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

114

3891/21 Bozkurt v. Turkey

31/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

115

3939/21 Kaya v. Turkey

10/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

116

4313/21 Hacımustafaoğlu v. Turkey

30/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

117

5278/21 Ay v. Turkey

06/01/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

118

6002/21 Åžahin v. Turkey

07/01/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

119

6115/21 YoldaÅŸ v. Turkey

25/08/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

120

7448/21 SalbaÅŸ v. Turkey

28/01/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

121

7505/21 Akbulut v. Turkey

28/01/2021

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

122

7862/21 Özcan v. Turkey

28/01/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

123

8613/21 Åžahin v. Turkey

26/01/2020

Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

124

8773/21 Yılmaz v. Turkey

03/11/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

125

8842/21 Genç v. Turkey

03/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

126

8879/21 Buğdaylıgil v. Turkey

02/02/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

127

9312/21 Kırtay v. Turkey

09/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

128

9428/21 Çakmak v. Turkey

21/01/2021

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

129

9574/21 Åžahbaz v. Turkey

20/01/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

130

9763/21 Dal v. Turkey

11/02/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

131

9925/21 Dilevci v. Turkey

07/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

132

9942/21 Ağaçdan v. Turkey

03/12/2020

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

133

10265/21 Deniz v. Turkey

27/01/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

134

10357/21 Çiyik v. Turkey

08/02/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

135

11322/21 Çalış v. Turkey

04/12/2020

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

136

11982/21 Kılınçarslan v. Turkey

08/02/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of hearing during the detention review Lack of reasonable suspicion

137

12073/21 Yaman v. Turkey

18/02/2021

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

138

12213/21 Canbolat v. Turkey

11/02/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

139

12500/21 Kaya v. Turkey

09/01/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

140

12986/21 Orhan v. Turkey

04/03/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

141

13004/21 Çınar v. Turkey

23/02/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

142

13288/21 Aksoy v. Turkey

19/02/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

143

13371/21 Bıyıklı v. Turkey

24/02/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion

144

13553/21 Yılmaz v. Turkey

01/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

145

13576/21 Karkın v. Turkey

26/02/2021

Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

146

13843/21 Çatkaya v. Turkey

23/02/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion

147

14091/21 Bilgin v. Turkey

26/02/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

148

14507/21 Er v. Turkey

05/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

149

14559/21 Topcan v. Turkey

04/03/2021

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

150

14583/21 Genç v. Turkey

03/03/2021

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

151

14885/21 Kaya v. Turkey

08/07/2020

Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

152

15044/21 Örük v. Turkey

10/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

153

15719/21 Usta v. Turkey

10/03/2021

Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

154

15978/21 Yıldırım v. Turkey

19/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

155

15979/21 Çömçe v. Turkey

10/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

156

16689/21 Acar v. Turkey

10/03/2021

Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

157

16942/21 AhmetoÄŸlu v. Turkey

17/03/2021

Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

158

17216/21 Dayanır v. Turkey

17/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

159

17686/21 Akgün v. Turkey

30/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

160

17942/21 EryiÄŸit v. Turkey

19/03/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

161

17953/21 Özmen v. Turkey

18/03/2021

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

162

18061/21 Süvari v. Turkey

24/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

163

18267/21 Kaynak v. Turkey

29/03/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion

164

18585/21 AydoÄŸmuÅŸ v. Turkey

31/03/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

165

18714/21 DoÄŸan v. Turkey

25/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

166

19144/21 Ä°nci v. Turkey

01/04/2021

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

167

20844/21 Akelma v. Turkey

26/02/2021

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

168

20845/21 Fındık v. Turkey

02/02/2021

Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

169

21770/21 Gündoğdu v. Turkey

05/04/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

170

22031/21 Keskin v. Turkey

09/04/2021

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

171

22115/21 Çete v. Turkey

16/04/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

172

22325/21 Akpınar v. Turkey

16/04/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

173

22753/21 Topal v. Turkey

28/01/2021

Lack of relevant and sufficient reasons for detention Failure/Delay in examining requests for enlargement/objection

174

24675/21 Uyanık v. Turkey

07/05/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

175

25936/21 CelepoÄŸlu v. Turkey

19/03/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

176

26131/21 Demir v. Turkey

22/04/2021

Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

177

26712/21 ErtuÄŸral v. Turkey

06/05/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

178

27480/21 Sönmez v. Turkey

18/05/2021

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion

179

28241/21 DelibaÅŸ v. Turkey

18/05/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

180

28242/21 Songur v. Turkey

28/05/2021

Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

181

28697/21 Acar v. Turkey

31/05/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of hearing during the detention review Lack of reasonable suspicion

182

31069/21 Erbil v. Turkey

10/06/2021

Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

183

31574/21 Yücel v. Turkey

11/06/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

184

34449/21 Er v. Turkey

11/06/2021

Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

185

34615/21 Bacaklıoğlu v. Turkey

07/06/2021

Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

186

36015/21 Yalçın v. Turkey

02/07/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

187

36762/21 Çandik v. Turkey

07/07/2021

Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

188

37207/21 Karaman v. Turkey

14/07/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

189

37266/21 Karakoç v. Turkey

13/07/2021

Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

190

38533/21 Karapınar v. Turkey

01/07/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Lack of reasonable suspicion

191

38710/21 Ersöyleyen v. Turkey

24/06/2021

Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

192

39726/21 Pehlivan v. Turkey

04/08/2021

Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

193

39745/21 Adam v. Turkey

16/07/2021

Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

194

40386/21 Güç v. Turkey

02/08/2021

Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

195

43989/21 Baktır v. Turkey

09/08/2021

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

196

45661/21 Aslan v. Turkey

27/08/2021

Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion

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