CEDH · CASELAW;COMMUNICATEDCASES;ENG — 22 novembre 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 }   Communicated on 22 November 2018   SECOND SECTION Application no. 67148/09 Hamza YALÇIN and Elif METİN POLAT against Turkey lodged on 17 December 2009 SUBJECT MATTER OF THE CASE The application concerns the use of the statements obtained from the applicants and their co-defendants under alleged duress during the preliminary investigation stage (see, in respect of the applicant Aydın Çetinkaya v. Turkey , no. 2082/05 , § 98-108, and in respect of the co ‑ defendants see Erkapic v. Croatia , no. 51198/08, 25 April 2013, and compare Dominka v. Slovakia , (dec.) no. 14630/12, §§ 28-36, 3   April 2018)). 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 particular;   (a)     Was the judgment of the trial court based on police statements taken from the applicant as a result of ill-treatment? Has there been a violation of the applicants’ right to a fair hearing in this respect? (see Aydın Çetinkaya v.   Turkey , no. 2082/05, § 98-108, 2 February 2016, and Özcan Çolak v.   Turkey , no. 30235/03, §§ 47-50, 6 October 2009)?   (b)     Have the requirements of a fair trial within the meaning of Article   6 §§   1 and 3 (d) of the Convention been satisfied as regards the admission into evidence of the incriminating statements that the other co-defendants had given to the police under alleged duress (see Erkapic v.   Croatia , no.   51198/08, 25 April 2013; and compare Dominka v. Slovakia , (dec.) no.   14630/12, §§ 28-36, 3 April 2018)?   The Government are invited to submit all the relevant documents, including but not limited to the minutes of all the hearings, the documentary evidence against the applicants, and the written submissions of the applicants and their lawyers throughout the proceedings.