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GÖKÇEK v. TURKEY and 197 other applications

Doc ref: 70892/17, 1/18, 82/18, 3458/18, 10773/18, 10803/18, 12045/18, 16527/18, 16800/18, 17289/18, 22093/18... • ECHR ID: 001-214424

Document date: November 23, 2021

  • Inbound citations: 17
  • Cited paragraphs: 3
  • Outbound citations: 2

GÖKÇEK v. TURKEY and 197 other applications

Doc ref: 70892/17, 1/18, 82/18, 3458/18, 10773/18, 10803/18, 12045/18, 16527/18, 16800/18, 17289/18, 22093/18... • ECHR ID: 001-214424

Document date: November 23, 2021

Cited paragraphs only

Published on 13 December 2021

SECOND SECTION

Application no. 70892/17 Fatih Şükrü GÖKÇEK against Turkey and 197 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.

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?

APPENDIX

No.

App. no

Case Title

Date of introduction

Complaints

1

70892/17 Gökçek v. Turkey

26/07/2017

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

2

1/18 Harput v. Turkey

04/12/2017

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

3

82/18 Koçyiğit v. Turkey

28/11/2017

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

4

3458/18 Dur v. Turkey

04/01/2018

Length of pre-trial detention Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion

5

10773/18 Ulukapı v. Turkey

07/02/2018

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

6

10803/18 Cengiz v. Turkey

29/01/2018

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

7

12045/18 Özgür v. Turkey

02/03/2018

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

8

16527/18 Tunç v. Turkey

19/03/2018

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

9

16800/18 Açlan v. Turkey

30/03/2018

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

10

17289/18 Arslanbay v. Turkey

29/03/2018

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

11

22093/18 Åžener v. Turkey

30/04/2018

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

12

22156/18 Öz v. Turkey

24/04/2018

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

13

23493/18 Çevik v. Turkey

30/04/2018

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

14

23758/18 Ballı v. Turkey

07/05/2018

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

15

23822/18 Özcan v. Turkey

03/05/2018

Length of pre-trial detention 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

23912/18 Özkökeli v. Turkey

04/05/2018

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

17

23919/18 Özdemir v. Turkey

04/05/2018

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

18

24456/18 Uslu v. Turkey

17/05/2018

Length of pre-trial detention Delay in examination by the Constitutional Court 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

19

24612/18 Sazil v. Turkey

15/05/2018

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

20

24628/18 Ağgül v. Turkey

16/05/2018

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

21

24651/18 Bayram v. Turkey

27/12/2017

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

22

24855/18 TurmuÅŸ v. Turkey

14/05/2018

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

23

24900/18 Parlak v. Turkey

18/05/2018

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

24

24919/18 BozdaÄŸ v. Turkey

17/05/2018

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

25

25066/18 Bayraktar v. Turkey

15/05/2018

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

26

25241/18 Tekeci v. Turkey

15/05/2018

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

27

25253/18 Mete v. Turkey

18/05/2018

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

28

25788/18 Dağlı v. Turkey

23/05/2018

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

29

25893/18 EroÄŸlu v. Turkey

28/05/2018

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

30

26287/18 Oral v. Turkey

17/05/2018

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

31

32414/18 Erdönmez v. Turkey

29/06/2018

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

32

32451/18 Bakır v. Turkey

21/06/2018

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

33

32456/18 YiÄŸit v. Turkey

22/06/2018

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

34

32458/18 DaÄŸdeviren v. Turkey

28/06/2018

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

35

32460/18 BeydoÄŸan v. Turkey

22/06/2018

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

36

32462/18 Dalkes v. Turkey

21/06/2018

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

37

32465/18 Peker v. Turkey

22/06/2018

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

38

32850/18 Özdemir v. Turkey

02/07/2018

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

39

32857/18 EkicioÄŸlu v. Turkey

26/06/2018

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

40

32866/18 Yaylagül v. Turkey

17/05/2018

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

41

32874/18 Kafa v. Turkey

22/06/2018

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

42

32887/18 Günerigök v. Turkey

05/07/2018

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

43

32910/18 DoÄŸan v. Turkey

02/07/2018

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

44

32949/18 Kalkan v. Turkey

04/07/2018

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

45

32964/18 Uran v. Turkey

26/06/2018

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

46

32965/18 Erken v. Turkey

26/06/2018

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 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

47

32970/18 Hasırcı v. Turkey

04/07/2018

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

48

33003/18 Persil v. Turkey

26/06/2018

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

49

33009/18 Sezer v. Turkey

02/07/2018

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

50

33043/18 Harmankaya v. Turkey

26/06/2018

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

51

33046/18 ErdoÄŸdu v. Turkey

26/06/2018

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

52

33078/18 Çalışkan v. Turkey

29/06/2018

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

53

33156/18 Arslan v. Turkey

18/06/2018

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

54

33330/18 Kablan v. Turkey

11/07/2018

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

55

33476/18 Özbeyli v. Turkey

05/07/2018

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

56

33850/18 Gezer v. Turkey

05/07/2018

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

57

33856/18 Taç v. Turkey

03/07/2018

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

58

33857/18 Koçlar v. Turkey

09/07/2018

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

59

33862/18 Akbey v. Turkey

05/07/2018

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

60

33972/18 Erdemir v. Turkey

28/06/2018

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

61

33979/18 Uslu v. Turkey

11/05/2018

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

62

34038/18 Karabulut v. Turkey

11/05/2018

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

63

34091/18 Aybek v. Turkey

16/05/2018

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

64

34180/18 Toygar v. Turkey

07/07/2018

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

65

34184/18 Demir v. Turkey

07/07/2018

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

66

34190/18 Cebeci v. Turkey

03/07/2018

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

67

34413/18 Kaplan v. Turkey

26/02/2018

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

68

34499/18 Akkurt v. Turkey

11/07/2018

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

69

34503/18 Ãœnal v. Turkey

13/07/2018

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

70

34565/18 Güngör v. Turkey

17/07/2018

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

71

34765/18 Gülümser v. Turkey

16/07/2018

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

72

35070/18 Yıldız v. Turkey

19/07/2018

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

73

35118/18 Uçar v. Turkey

10/07/2018

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

74

35131/18 Aslan v. Turkey

06/07/2018

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

75

35188/18 ÅžimÅŸek v. Turkey

06/07/2018

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

76

35191/18 Çatal v. Turkey

07/07/2018

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

77

35293/18 AktaÅŸ v. Turkey

16/07/2018

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

78

35372/18 Ilık v. Turkey

16/07/2018

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

79

35427/18 Yapan v. Turkey

05/07/2018

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

80

35479/18 Öktem v. Turkey

11/07/2018

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

81

35548/18 Danış v. Turkey

18/07/2018

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

82

35603/18 Ä°ÅŸbitirici v. Turkey

13/07/2018

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

83

35642/18 Yivli v. Turkey

20/07/2018

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

84

35661/18 Sarıca v. Turkey

13/07/2018

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

85

35694/18 Karagülmez v. Turkey

13/07/2018

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

86

35944/18 İnanç v. Turkey

13/07/2018

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

87

35958/18 Sarı v. Turkey

23/07/2018

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

88

36107/18 Bağcı v. Turkey

24/07/2018

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

89

36184/18 Çinemre v. Turkey

23/07/2018

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

90

36236/18 Tümer v. Turkey

16/07/2018

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

91

36275/18 Kurt v. Turkey

16/07/2018

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

92

36369/18 Gençer v. Turkey

17/07/2018

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

93

36447/18 Ä°ldiz v. Turkey

23/07/2018

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

94

36495/18 Metin v. Turkey

16/07/2018

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

95

36636/18 Demir v. Turkey

11/07/2018

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

96

36948/18 Aslan v. Turkey

20/07/2018

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

97

37106/18 Ayık v. Turkey

06/07/2018

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

98

37242/18 Avcu v. Turkey

18/07/2018

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

99

37271/18 Erol v. Turkey

02/08/2018

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

100

37342/18 Ãœzel v. Turkey

02/08/2018

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

101

37463/18 Güç v. Turkey

27/07/2018

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

102

37483/18 Yılmaz v. Turkey

26/07/2018

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

103

37655/18 Sözen v. Turkey

03/08/2018

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

104

37723/18 Kambur v. Turkey

30/07/2018

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

105

37749/18 Küçükkara v. Turkey

30/07/2018

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

106

37823/18 Çoşkun v. Turkey

02/07/2018

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

107

37838/18 Ulusu v. Turkey

03/08/2018

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

38511/18 Gülver v. Turkey

06/08/2018

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

109

38636/18 Åžahin v. Turkey

02/08/2018

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

110

38707/18 Akbacak v. Turkey

06/08/2018

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

111

38766/18 Mayda v. Turkey

03/08/2018

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

112

38788/18 Akın v. Turkey

06/08/2018

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

113

38829/18 Yollu v. Turkey

30/07/2018

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

114

38953/18 KarakaÅŸ v. Turkey

09/08/2018

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

115

38978/18 Aşık v. Turkey

03/08/2018

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

116

39008/18 Çeken v. Turkey

09/08/2018

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

117

39038/18 Tunç v. Turkey

03/08/2018

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

118

39098/18 Ãœnal v. Turkey

11/07/2018

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

119

41128/18 Yayla v. Turkey

09/08/2018

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

120

43239/18 Tümüklü v. Turkey

08/09/2018

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

121

43957/18 Akpınar v. Turkey

05/09/2018

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

122

44166/18 Karagöz v. Turkey

11/09/2018

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

123

48613/18 Bozkurt v. Turkey

08/10/2018

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 Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

124

54403/18 CaferoÄŸlu v. Turkey

01/11/2018

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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion

125

58245/18 Orhan v. Turkey

22/11/2018

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

126

2270/19 ErdoÄŸuÅŸ v. Turkey

30/11/2018

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

127

2275/19 UludaÄŸ v. Turkey

19/12/2018

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

128

3002/19 Keser v. Turkey

27/11/2018

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

129

4188/19 Soytekin v. Turkey

11/01/2019

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

130

11336/19 Sinoplu v. Turkey

13/02/2019

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

131

11363/19 Sumeli v. Turkey

09/01/2019

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

132

11791/19 Pala v. Turkey

20/02/2019

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

133

11880/19 Turan v. Turkey

21/02/2019

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

134

12039/19 Alaf v. Turkey

19/02/2019

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

135

12177/19 Sarı v. Turkey

19/02/2019

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

136

12465/19 Akpınar v. Turkey

15/02/2019

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

137

12470/19 Bulut v. Turkey

22/02/2019

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

138

12528/19 Samer v. Turkey

22/02/2019

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

12701/19 KuÅŸ v. Turkey

20/02/2019

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

140

12712/19 Keskin v. Turkey

19/02/2019

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

141

12789/19 Curabay v. Turkey

27/02/2019

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

142

12817/19 AcaboÄŸa v. Turkey

01/03/2019

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

143

13014/19 Ekici v. Turkey

21/02/2019

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

144

13028/19 Pekgenç v. Turkey

21/02/2019

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

145

13224/19 Eken v. Turkey

26/02/2019

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

146

13232/19 Çoban v. Turkey

06/03/2019

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

147

14154/19 Mert v. Turkey

02/03/2019

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

148

14269/19 Yeni v. Turkey

01/03/2019

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

149

14470/19 Süt v. Turkey

28/02/2019

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

150

14478/19 Güngöray v. Turkey

07/03/2019

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

151

14486/19 DaÅŸtan v. Turkey

11/03/2019

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

152

14500/19 Günay v. Turkey

25/02/2019

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

153

14849/19 Noyan v. Turkey

01/03/2019

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

154

14949/19 Biçer v. Turkey

07/03/2019

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

155

15198/19 Almalıoğlu v. Turkey

28/02/2019

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

156

15202/19 Akdın v. Turkey

07/03/2019

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

157

15308/19 Kahraman v. Turkey

25/02/2019

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

158

15461/19 Bilgin v. Turkey

11/03/2019

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

159

15608/19 Dursun v. Turkey

30/11/2018

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

160

15693/19 ErdoÄŸan v. Turkey

11/03/2019

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

161

15702/19 Keser v. Turkey

06/03/2019

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

162

15708/19 Yıldırım v. Turkey

11/03/2019

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

163

15732/19 AvandaÄŸ v. Turkey

01/03/2019

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

164

15979/19 Çendek v. Turkey

18/02/2019

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

165

15998/19 ErÅŸahin v. Turkey

21/02/2019

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 Lack of reasonable suspicion

166

16007/19 Çelik v. Turkey

15/03/2019

Delay in examination by the Constitutional Court 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

167

16685/19 Sucu v. Turkey

21/03/2019

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

168

16773/19 Apacık v. Turkey

01/03/2019

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

169

17210/19 DemiraÄŸ v. Turkey

14/03/2019

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

170

17275/19 Karabudak v. Turkey

15/03/2019

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/Delay to communicate decisions relating to detention Lack of reasonable suspicion

171

17499/19 Bayrak v. Turkey

15/03/2019

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

172

17774/19 Arvasi v. Turkey

15/03/2019

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

173

18189/19 Batak v. Turkey

29/03/2019

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

174

18420/19 Demirci v. Turkey

15/03/2019

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

175

18424/19 Köse v. Turkey

12/03/2019

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

176

18452/19 Soykan v. Turkey

29/03/2019

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

177

18475/19 Özer v. Turkey

26/03/2019

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

178

18486/19 Macit v. Turkey

21/03/2019

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

179

18571/19 Uray v. Turkey

22/03/2019

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

180

18628/19 Yavuz v. Turkey

26/03/2019

Length of pre-trial detention 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

181

18747/19 Sertçe v. Turkey

25/03/2019

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

182

18779/19 Arık v. Turkey

28/03/2019

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

183

18783/19 Dikayak v. Turkey

29/03/2019

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

184

19083/19 Diker v. Turkey

20/03/2019

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

185

21537/19 Uzal v. Turkey

29/03/2019

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

186

22882/19 YiÄŸit v. Turkey

17/04/2019

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

187

37282/19 Akay v. Turkey

02/07/2019

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

188

46761/19 Akdemir v. Turkey

02/09/2019

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

189

47604/19 Yıldırım v. Turkey

21/08/2019

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

190

50745/19 Can v. Turkey

05/09/2019

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

191

50842/19 Çöpcü v. Turkey

27/08/2019

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

192

52327/19 YeÅŸilbaÅŸ v. Turkey

03/09/2019

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/Delay to communicate decisions relating to detention Lack of reasonable suspicion

193

59970/19 Karakurt v. Turkey

07/11/2019

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

194

64001/19 Öğe v. Turkey

29/11/2019

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

195

7005/20 Cuma v. Turkey

17/01/2020

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

196

7583/20 Çetin v. Turkey

27/01/2020

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

197

30992/20 TatoÄŸlu v. Turkey

06/07/2020

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

198

55322/20 Uçar v. Turkey

11/12/2020

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

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