CEDH · CASELAW;COMMUNICATEDCASES;ENG — 23 novembre 2021

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s23860FF7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:center } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .sE3D66594 { border:0.75pt solid #000000; border-collapse:collapse } .s41E9DBF5 { border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s24AC208E { border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s23CD0580 { border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:middle } .sB30C44B0 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .sC3AB69A { border-style:solid; border-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s2342A031 { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; border-bottom-style:solid; border-bottom-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s546C9D04 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s40B7A780 { border-top-style:solid; border-top-width:0.75pt; border-right-style:solid; border-right-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } .s4F2EDFF { border-top-style:solid; border-top-width:0.75pt; border-left-style:solid; border-left-width:0.75pt; padding-right:5.03pt; padding-left:5.03pt; vertical-align:top } Published on 13 December 2021   SECOND SECTION Application no. 29391/18 Fatih KELLEGÖZ against Turkey and 249 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 List of applications     No. App. no Case Title Date of introduction Complaints 1 29391/18 Kellegöz v. Turkey 08/06/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 36167/18 Tanyaş v. Turkey 25/07/2018 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 3 36646/18 Deveci v. Turkey 13/07/2018 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 4 36651/18 Ünsal v. Turkey 13/07/2018 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 5 36652/18 Daylan v. Turkey 13/07/2018 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 6 36653/18 Şahin v. Turkey 13/07/2018 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 7 36654/18 Çakmak v. Turkey 13/07/2018 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 8 36655/18 Karaca v. Turkey 13/07/2018 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 9 6158/19 Aksu v. Turkey 17/12/2018 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 of reasonable suspicion 10 14259/19 Kıldan v. Turkey 04/03/2019 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 11 16020/19 Ercan v. Turkey 01/03/2019 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 12 16030/19 Genç v. Turkey 01/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 16036/19 Aygün v. Turkey 01/03/2019 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 14 16039/19 Akmirza v. Turkey 01/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 16043/19 Bolat v. Turkey 01/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 16046/19 Karakullukcu v. Turkey 01/03/2019 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 17 16583/19 Karapınar v. Turkey 20/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 18485/19 Boz v. Turkey 22/03/2019 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 19 18933/19 Bıyık v. Turkey 22/03/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 20 19536/19 Cebeci v. Turkey 20/03/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 20758/19 Pakdemirli v. Turkey 05/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 22457/19 Topal v. Turkey 12/04/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 22459/19 Buldu v. Turkey 12/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 23366/19 Kılıç v. Turkey 12/04/2019 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 25 26092/19 Altıparmak v. Turkey 03/05/2019 Delay in examination by the Constitutional Court 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 26 27020/19 Memethan v. Turkey 09/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 27176/19 Yiğit v. Turkey 03/05/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 27181/19 Güler v. Turkey 03/05/2019 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 29 27186/19 Yıldırım v. Turkey 03/05/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 33885/19 Kalkan v. Turkey 28/05/2019 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 31 33902/19 Sezer v. Turkey 28/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 32 33907/19 Akarsu v. Turkey 28/05/2019 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 33 33910/19 Çiçek v. Turkey 28/05/2019 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 34 33918/19 Bozkurt v. Turkey 23/05/2019 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 35 33919/19 Nuhoğlu v. Turkey 23/05/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 33922/19 Akgül v. Turkey 23/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 33925/19 Bıyık v. Turkey 22/05/2019 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 38 33930/19 San v. Turkey 23/05/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 36250/19 Kurtulmuş v. Turkey 12/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 36490/19 Öztürk v. Turkey 28/06/2019 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 41 37326/19 Necioğlu v. Turkey 02/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 37353/19 Gümüşsoy v. Turkey 14/06/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 40937/19 Karka v. Turkey 22/07/2019 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 44 41070/19 Pulgak v. Turkey 24/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 41790/19 Barlık v. Turkey 26/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 43248/19 Cengiz v. Turkey 07/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 45538/19 Damarseçkin v. Turkey 27/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 47281/19 Avcı v. Turkey 26/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 51121/19 Ulaş v. Turkey 12/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 51142/19 Önemli v. Turkey 11/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 52612/19 Aytunç v. Turkey 23/09/2019 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 52 53365/19 Hoçanlı v. Turkey 03/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 53371/19 Yıldız v. Turkey 03/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 53764/19 Tuncel v. Turkey 23/09/2019 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 55 54358/19 Ocak v. Turkey 04/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 54866/19 Ulusoy v. Turkey 11/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 55081/19 Samur v. Turkey 09/10/2019 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 58 56253/19 Arslan v. Turkey 24/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 56261/19 Deliktaş v. Turkey 23/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 57139/19 Taşyağan v. Turkey 09/10/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 57778/19 Kara v. Turkey 04/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 59158/19 Erol v. Turkey 11/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 59162/19 Akar v. Turkey 11/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 59165/19 Beyazdağ v. Turkey 11/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 59167/19 Başkurt v. Turkey 11/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 59193/19 Acar v. Turkey 22/10/2019 Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review 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 67 59930/19 Sütçü v. Turkey 15/10/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 60006/19 Yalçın v. Turkey 09/09/2019 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 69 62825/19 Kanbur v. Turkey 22/11/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 70 63004/19 Erkan v. Turkey 18/11/2019 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 71 97/20 Çağlı v. Turkey 09/12/2019 Delay in examination by the Constitutional Court 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 72 276/20 Beygo v. Turkey 19/12/2019 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 Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 73 514/20 Bayçöl v. Turkey 10/12/2019 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 74 1135/20 Oğuz v. Turkey 12/12/2019 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 Lack of reasonable suspicion 75 1199/20 Tozlu v. Turkey 27/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 76 1231/20 Uçar v. Turkey 27/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 1988/20 Tüten v. Turkey 09/12/2019 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 78 2487/20 Kaya v. Turkey 24/12/2019 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 79 2754/20 Aydın v. Turkey 17/12/2019 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 reasonable suspicion 80 3319/20 Ören v. Turkey 18/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 3397/20 Gürkan v. Turkey 19/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 3577/20 Kulabaş v. Turkey 07/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 3580/20 Mutlu v. Turkey 07/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 4197/20 Sevim v. Turkey 07/01/2020 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 85 4394/20 Kara v. Turkey 06/01/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Failure/Delay in examining requests for enlargement/objection Lack of reasonable suspicion 86 5450/20 Şahin v. Turkey 31/12/2019 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 87 5498/20 Altınbaş v. Turkey 13/01/2020 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 88 5980/20 Akar v. Turkey 08/01/2020 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 89 6629/20 Sağır v. Turkey 20/12/2019 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 90 7152/20 Kılıç v. Turkey 13/01/2020 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 91 7346/20 Arslan v. Turkey 20/01/2020 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 8735/20 Çelik v. Turkey 12/12/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 9289/20 Özkan v. Turkey 30/01/2020 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 94 11022/20 Özoğlu v. Turkey 22/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 11025/20 Metin v. Turkey 24/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 11485/20 Ocak v. Turkey 03/02/2020 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 97 12075/20 Küçükaydın v. Turkey 13/02/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Failure/Delay in examining requests for enlargement/objection Lack of reasonable suspicion 98 12259/20 Özdemir v. Turkey 02/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 13739/20 Alemdar v. Turkey 04/03/2020 Length of pre-trial detention 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 14837/20 Ekinci v. Turkey 10/03/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 15016/20 Tunçdemir v. Turkey 26/02/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 16028/20 Dal v. Turkey 20/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 103 16390/20 Durak v. Turkey 20/03/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 104 16421/20 Pakel v. Turkey 20/03/2020 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 105 16758/20 Atakan v. Turkey 25/03/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 17017/20 Zorlu v. Turkey 26/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 17625/20 Gündem v. Turkey 25/03/2020 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 108 20183/20 Özünal v. Turkey 14/05/2020 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 109 20189/20 Arabacı v. Turkey 14/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 20198/20 Şamak v. Turkey 14/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 20199/20 Yüksel v. Turkey 14/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 20849/20 Özcan v. Turkey 13/02/2020 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 113 21139/20 Sezer v. Turkey 07/05/2020 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 Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 114 21214/20 Ak v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 115 21215/20 Taş v. Turkey 15/05/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 21216/20 Yağan v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 117 21217/20 Aydemir v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 118 21219/20 Çınar v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 119 21227/20 Genç v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 120 21229/20 Korkmaz v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 121 21230/20 Aygül v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 122 21261/20 Uzunali v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 123 21264/20 Türker v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 124 21267/20 Özdoğru v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 125 21272/20 Şahin v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 21275/20 Karyağdı v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 127 21283/20 Karadeniz v. Turkey 15/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 128 21710/20 Kaşağıcı v. Turkey 08/05/2020 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 129 21721/20 Atcı v. Turkey 08/05/2020 Restriction of access to the investigation file 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 130 22033/20 Ağırdaş v. Turkey 01/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 131 22062/20 Özdil v. Turkey 01/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 22081/20 Kılıç v. Turkey 02/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 23066/20 Ekinci v. Turkey 10/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 23070/20 Ablak v. Turkey 22/05/2020 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 23120/20 Sağlam v. Turkey 10/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 136 23557/20 Doğan v. Turkey 14/05/2020 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 137 23619/20 Özen v. Turkey 22/05/2020 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 138 24036/20 Budak v. Turkey 08/05/2020 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 139 24076/20 Girgin v. Turkey 22/05/2020 Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay in examining requests for enlargement/objection Lack of reasonable suspicion 140 24314/20 Türkkahraman v.   Turkey 22/05/2020 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 141 24378/20 Türk v. Turkey 22/05/2020 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 142 24777/20 Mert v. Turkey 11/06/2020 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/Delay in examining requests for enlargement/objection Lack of reasonable suspicion 143 26179/20 İşlekel v. Turkey 19/06/2020 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 Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 144 26375/20 Irmak v. Turkey 19/06/2020 Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 145 26420/20 Gökçe v. Turkey 19/06/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 146 26509/20 Bakacak v. Turkey 19/06/2020 Restriction of access to the investigation file 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 147 26564/20 Yumuşak v. Turkey 08/06/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 27276/20 Ergincan v. Turkey 29/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 149 27441/20 Çelik v. Turkey 29/06/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 27565/20 Pekşen v. Turkey 17/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 27573/20 Bozbey v. Turkey 19/06/2020 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 152 27882/20 Biçici v. Turkey 02/07/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 153 28170/20 Güzeldal v. Turkey 18/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 28783/20 Karabıyık v. Turkey 24/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 30515/20 Atalay v. Turkey 01/07/2020 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 156 30740/20 Fırat v. Turkey 26/06/2020 Failure/Delay in examining requests for enlargement/objection 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 157 31639/20 Sarı v. Turkey 09/07/2020 Failure/Delay in examining requests for enlargement/objection Restriction of access to the investigation file 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 158 31669/20 Sünger v. Turkey 09/07/2020 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 159 33006/20 Tekin v. Turkey 24/07/2020 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 160 33441/20 Saray v. Turkey 09/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 34780/20 Koç v. Turkey 13/07/2020 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 162 34888/20 Yıldırım v. Turkey 17/07/2020 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 163 35495/20 Hayırlı v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 164 35501/20 Yılmaz v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 165 35592/20 Demir v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 35615/20 Kılıç v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 167 35676/20 Abay v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 168 35707/20 Arslan v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 169 35710/20 Yıldırım v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 170 35722/20 Arslan v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 171 35728/20 Aslan v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 172 35735/20 Çiçek v. Turkey 12/08/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 173 36114/20 Yıldız v. Turkey 14/08/2020 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 174 36196/20 Tana v. Turkey 14/08/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 175 36441/20 Erçetingöz v. Turkey 09/07/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 176 40232/20 Sayan v. Turkey 01/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 177 40234/20 Yabaneri v. Turkey 01/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 178 40236/20 Kaya v. Turkey 01/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 179 40237/20 Gönendik v. Turkey 01/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 180 40238/20 Yıldırım v. Turkey 01/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 181 40239/20 Kantık v. Turkey 01/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 182 40620/20 Karaoğlu v. Turkey 01/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 183 41450/20 Şahin v. Turkey 01/09/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion Lack of reasonable suspicion 184 41535/20 Sarıgül v. Turkey 03/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 185 41553/20 Gülaçtı v. Turkey 01/09/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 42218/20 Çerkez v. Turkey 04/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 187 42230/20 Söğüt v. Turkey 04/09/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 188 42336/20 Kıyma v. Turkey 11/09/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 42397/20 Sert v. Turkey 11/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 43529/20 Gönül v. Turkey 29/09/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 43558/20 Gülüm v. Turkey 29/09/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 192 43561/20 Babaarslan v. Turkey 29/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 193 43571/20 Tüccar v. Turkey 21/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 194 43594/20 Sönmez v. Turkey 29/09/2020 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 195 43662/20 Arslan v. Turkey 21/09/2020 Delay in examination by the Constitutional Court 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 196 43715/20 Ayer v. Turkey 29/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 197 45074/20 Baloğlu v. Turkey 07/10/2020 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 198 45475/20 Keleş v. Turkey 01/10/2020 Length of pre-trial detention 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 199 45995/20 Erko v. Turkey 14/10/2020 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 200 46052/20 Önal v. Turkey 13/10/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 201 46056/20 Meme v. Turkey 13/10/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 202 46057/20 Manav v. Turkey 13/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 203 46060/20 Karagöz v. Turkey 13/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 204 46215/20 Dere v. Turkey 14/10/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 205 46216/20 Alp v. Turkey 14/10/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 206 46218/20 Altun v. Turkey 14/10/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 207 46367/20 Satıcı v. Turkey 14/10/2020 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 208 46696/20 Şahin v. Turkey 15/10/2020 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 209 46697/20 Polat v. Turkey 15/10/2020 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 s