CEDH · CASELAW;COMMUNICATEDCASES;ENG — 24 septembre 2018

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s76CF415B { page-break-before:always; clear:both } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s6B505E72 { margin:0pt; padding-left:0pt } .sA56BACAB { font-family:Arial; font-weight:bold; list-style-position:inside } .s13783063 { width:6.24pt; font:7pt 'Times New Roman'; display:inline-block } .s3537C2D6 { font-weight:normal }   Communicated on 24 September 2018   SECOND SECTION Application no. 66210/09 Arif ERSÖNMEZ and Mehmet SEVİK against Turkey lodged on 3 December 2009 SUBJECT MATTER OF THE CASE The application concerns the applicants’ inability to confront and question the witnesses against them before the trial court. It further concerns an alleged violation of the applicants’ rights to effective participation in the proceedings and to defence. It also pertains to the alleged lack of adequate reasoning in domestic courts’ judgments in response to the challenge brought by the applicants concerning the lawfulness of the identification parade on 14 July 2007 and the evidence obtained therefrom. QUESTIONS 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 this connection:   (a)     Were the applicants’ rights to effective participation in the proceedings and to defence observed regard being had to their allegations concerning the lawfulness of the identification parade on 14 July 2007?   (b)     Did the criminal court which convicted the applicants give adequate reasoning in its judgment in response to the challenge brought by the applicant against the lawfulness of the evidence used to convict them?   (c)     Were the applicants able to examine the witnesses against them 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 due to his inability to examine or have examined the witnesses (see Schatschaschwili v. Germany [GC], no.   9154/10, §§ 100 ‑ 131, ECHR 2015; and Daştan v. Turkey , no.   37272/08, 10   October 2017)?   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.             Arif ERSÖNMEZ is a Turkish national who was born in 1985, lives in Karaman and is represented by G. Battal Özmen     Mehmet SEVİK is a Turkish national who was born in 1988, lives in Karaman and is represented by G. Battal Özmen