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 } .s4E34B50A { 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:middle } .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 } .s88A4DB4E { 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:middle } .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 } .s11BEB50D { 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:middle } .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. 35908/19 Aydın Yaşar ÇETİN against Turkey and 215 other applications (see list appended) communicated on 23 November 2021 SUBJECT MATTER OF THE CASE The applications mainly concern the applicants’ arrest and pre-trial detention, on suspicion of membership of FETÖ/PDY (Fetullahist Terrorist Organisation / Parallel State Structure), in the aftermath of the attempted coup d’état which took place on 15 July 2016. The applicants complain of a violation of Article   5 of the Convention on the basis of the following allegations (see the appended table for detailed information as to the specific complaints raised by each applicant): - They were detained in the absence of any suspicion that they committed an offence; - There were no relevant and sufficient reasons to justify their initial and/or continued pre-trial detention; - The length of their pre-trial detention was excessive; - The reviews of detention took place without a hearing and they were not notified of the opinion of the public prosecutor on those reviews; - Their access to the investigation files was restricted; - The objections to their detention or their requests for release were not examined or examined belatedly; - The decisions extending their pre-trial detention were not notified to them, or were notified with a delay, which prevented them from appealing against those decisions; - They did not benefit from effective legal assistance and facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers was monitored by the prison authorities; - The time taken by the Constitutional Court to conduct its examination on their individual applications was excessive; - There was no compensatory remedy available in domestic law for the alleged violation of their rights under Article 5 of the Convention. QUESTIONS TO THE PARTIES On the basis of the complaints communicated in accordance with the list in the Appendix   1.     Can the applicants be considered to have been detained on the basis of “a reasonable suspicion” that they had committed an offence (see, in particular, Fox, Campbell and Hartley v. the United Kingdom , 30   August 1990, § 32, Series A No. 182), taking into account, in particular, Article   100 of the Code of Criminal Procedure, which requires “concrete evidence demonstrating the existence of strong suspicions” as to the commission of the offence? Moreover, has the Constitutional Court based the existence of reasonable suspicion on evidence discovered after the decisions had been taken to detain the applicants?   2.     (a)     Did the applicants exhaust the remedies available in domestic law in relation to their complaints under Article 5 § 3 of the Convention? To the extent that the applicants’ complaints did not relate solely to the length of their pre-trial detention but also concerned the alleged failure of the domestic courts to provide relevant and   sufficient   reasons to justify their initial and continued pre-trial detention, can a compensation claim under Article   141 §   1(d) of the Code of Criminal Procedure be regarded as an effective remedy in respect of those complaints (see Selahattin Demirtaş v.   Turkey (no.   2) [GC], no. 14305/17, § 213, 22 December 2020)? (b)     Was the applicants’ pre-trial detention compatible with the requirements of Article   5   §   3 of the Convention? In particular: (i)     Did the judges, who ordered the applicants’ initial pre-trial detention and the prolongation of their detention, and who examined the objections lodged against those decisions, fulfil their obligation to provide relevant and sufficient grounds for the deprivation of liberty in question (see, in particular, Buzadji v. the Republic of Moldova [GC], no.   23755/07, §   102, ECHR 2016 (extracts))? (ii)     Was the length of the applicants’ pre-trial detention in breach of the “reasonable time” requirement under Article 5 § 3 of the Convention?   3.     Did the applicants have at their disposal an effective remedy by which they could challenge the lawfulness of their deprivation of liberty, as required by Article   5 §   4 of the Convention? In particular, the Government are invited to respond to the following complaints made by the applicants (to the extent that they concern remedies already sought at the time of the lodging of the complaints, as relevant): (i)     the principle of equality of arms had not been respected, as the decisions to extend their detention and their objections to those decisions had been examined without a hearing and the prosecutors’ opinions had not been communicated to them; (ii)     they had been unable to challenge their detention in an effective manner because of the restriction imposed on their access to the investigation file; (iii)     their objections to their detention had not been examined or had been examined belatedly; (iv)     the decisions to extend their detention had not been notified to them or had been notified with a delay, which had prevented them from lodging objections against those decisions; (v)     they had had no effective legal assistance or facilities to challenge their detention, having particular regard to the fact that their communication with their lawyers had been monitored; (vi)     the time taken by the Constitutional Court to examine their individual applications had been protracted.   4.     Did the compensation remedy provided under Article   141 of the Code of Criminal Procedure constitute an effective remedy, within the meaning of Article   5   §   4 of the Convention, in respect of complaints concerning (i) the lack of an oral hearing during the review of detention; (ii)   the non ‑ notification or belated notification of the detention decision; and (iii)   the lack of or delay in the examination of the objection against detention by the magistrates’ courts?   5.     Did the applicants have, as required by Article   5   §   5 of the Convention, an effective and enforceable right to obtain compensation for their detention, which they consider   to have   been contrary to Article   5   §§   1, 3 and/or 4?     APPENDIX   List of applications No. App. no Case Title Date of introduction Complaints 1 35908/19 Çetin v. Turkey 21/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 35951/19 Akyüz v. Turkey 25/06/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 36034/19 Adanur v. Turkey 20/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 36036/19 Dokumacı v. Turkey 25/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 36053/19 Dülgeroğlu v. Turkey 26/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 6 36088/19 Çevik v. Turkey 14/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 7 36163/19 Gülşen v. Turkey 25/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 36193/19 Zeriğ v. Turkey 13/06/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 9 36196/19 Bolat v. Turkey 27/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 10 36280/19 Büyükyavuz v. Turkey 21/06/2019 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 No effective remedy to compensation Lack of reasonable suspicion 11 36436/19 Yıldız v. Turkey 24/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 12 36482/19 Coşkun v. Turkey 28/06/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 36527/19 Çakıcı v. Turkey 18/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 36565/19 Doğan v. Turkey 25/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 15 36720/19 Çizmeci v. Turkey 03/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 16 37057/19 Dızman v. Turkey 21/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 37104/19 Ölmez v. Turkey 04/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 18 37108/19 Davarcı v. Turkey 27/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 19 37244/19 Yılmaz v. Turkey 28/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 20 37274/19 Aymaz v. Turkey 04/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 21 37298/19 Demirkazık v. Turkey 27/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 22 37322/19 Şenel v. Turkey 05/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 37369/19 Özcan v. Turkey 05/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 24 37375/19 Filya v. Turkey 04/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 25 37755/19 Gümüş v. Turkey 12/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 26 37970/19 Özkaya v. Turkey 19/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 38326/19 Özer v. Turkey 11/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 38496/19 Doğaner v. Turkey 05/07/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 38530/19 Aygün v. Turkey 04/07/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 38532/19 Arslan v. Turkey 12/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 38548/19 But v. Turkey 08/07/2019 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 32 38641/19 Bülbül v. Turkey 17/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 33 38674/19 Sağbaş v. Turkey 08/07/2019 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 34 38703/19 Tırış v. Turkey 04/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 38918/19 Akdoğan v. Turkey 10/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 39000/19 Güneş v. Turkey 08/07/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 39010/19 Kocagöz v. Turkey 10/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 39013/19 Yaman v. Turkey 28/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 39213/19 Yıldız v. Turkey 09/07/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 39252/19 Kurt v. Turkey 10/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 41 39320/19 Gülmez v. Turkey 12/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 39439/19 Peri v. Turkey 24/06/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 39444/19 Kaptı v. Turkey 27/06/2019 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 44 39479/19 Kişi v. Turkey 17/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 45 39484/19 Eroğlu v. Turkey 12/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 39663/19 Yaşar v. Turkey 27/06/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 47 39674/19 Sağlam v. Turkey 19/06/2019 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of hearing during the detention review Lack of reasonable suspicion 48 39730/19 Öztürk v. Turkey 30/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 49 39926/19 Yıldız v. Turkey 18/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 50 39929/19 Topbaş v. Turkey 18/07/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 39969/19 Kurt v. Turkey 12/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 39976/19 Ateştemur v. Turkey 10/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 39985/19 Üreni v. Turkey 17/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 40065/19 Kösmene v. Turkey 05/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 40076/19 Sandık v. Turkey 19/07/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 56 40121/19 Alp v. Turkey 19/07/2019 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 57 40196/19 Şen v. Turkey 11/07/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 58 40269/19 Dönmez v. Turkey 18/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 40366/19 Yıldırım v. Turkey 22/07/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 40391/19 Tiryakioğlu v. Turkey 19/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 61 40394/19 Kacır v. Turkey 05/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 40495/19 Gökü v. Turkey 17/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 40554/19 Gökmağara v. Turkey 11/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 40565/19 Baltacı v. Turkey 17/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 40891/19 Sert v. Turkey 17/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 40897/19 Karakaş v. Turkey 17/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 40933/19 Gezer v. Turkey 23/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 41107/19 Eken v. Turkey 23/07/2019 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 69 41330/19 Ulukuş v. Turkey 23/07/2019 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 41407/19 Temizkan v. Turkey 22/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 71 41420/19 Akdemir v. Turkey 24/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 72 41634/19 Küçükkeskin v. Turkey 23/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 41819/19 Gider v. Turkey 02/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 41823/19 Kanbur v. Turkey 26/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 41838/19 Demir v. Turkey 30/07/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 76 41873/19 Tüzün v. Turkey 16/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 41888/19 Akın v. Turkey 22/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 42006/19 Şaştı v. Turkey 29/07/2019 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 to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 79 42022/19 Hacıoğlu v. Turkey 05/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 42027/19 Suna v. Turkey 27/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 42101/19 Yıldız v. Turkey 30/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 42415/19 Taş v. Turkey 31/07/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 83 42460/19 Özsoy v. Turkey 30/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 42481/19 Akıncı v. Turkey 12/07/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 42535/19 Karaduman v. Turkey 01/08/2019 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 hearing during the detention review Lack of reasonable suspicion 86 42537/19 Yücel v. Turkey 31/07/2019 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 No effective remedy to compensation Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 87 42601/19 Bal v. Turkey 01/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 42632/19 Aksoy v. Turkey 01/08/2019 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 89 42639/19 Narcı v. Turkey 02/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 42925/19 İkiz v. Turkey 24/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 43027/19 İpek v. Turkey 01/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 92 43166/19 Andıç v. Turkey 05/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 43185/19 Altunay v. Turkey 07/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 43293/19 Günaydın v. Turkey 02/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 95 43382/19 Deniz v. Turkey 03/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 43435/19 Doğantürk v. Turkey 08/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 44066/19 Şen v. Turkey 07/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 44070/19 Dönmez v. Turkey 07/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 44081/19 Ünver v. Turkey 24/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 100 44082/19 Kızıltoprak v. Turkey 09/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 44124/19 Vardal v. Turkey 07/08/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 44277/19 Keskin v. Turkey 06/08/2019 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 103 44297/19 Sevilmiş v. Turkey 07/08/2019 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 104 44318/19 Aydın v. Turkey 06/08/2019 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 105 44335/19 Şahin v. Turkey 09/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 44407/19 Polat v. Turkey 07/08/2019 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 44468/19 Çora v. Turkey 21/08/2019 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 108 44525/19 Şentürk v. Turkey 06/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 109 44702/19 Köse v. Turkey 08/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 45451/19 Özbek v. Turkey 02/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 45675/19 Vardi v. Turkey 15/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 45678/19 Mercan v. Turkey 15/08/2019 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 113 45838/19 Fesli v. Turkey 15/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 45907/19 Akın v. Turkey 19/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 115 45923/19 Burgaç v. Turkey 15/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 45949/19 Aksoy v. Turkey 16/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 117 46148/19 Çevikgil v. Turkey 20/08/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 118 46370/19 Köken v. Turkey 06/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 119 46752/19 Akbaba v. Turkey 22/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 46756/19 Albayrak v. Turkey 19/08/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 46765/19 Birlik v. Turkey 22/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 122 46791/19 Dursun v. Turkey 22/08/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 123 46994/19 Demir v. Turkey 27/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 124 47003/19 Aksoy v. Turkey 23/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 125 47008/19 Kozan v. Turkey 16/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 47018/19 Akdemir v. Turkey 22/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 127 47066/19 Tek v. Turkey 21/08/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 128 47075/19 Özgür v. Turkey 26/08/2019 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 129 47276/19 Alkan v. Turkey 20/08/2019 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 130 47663/19 Kılıç v. Turkey 21/08/2019 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 131 47689/19 Mıhçı v. Turkey 23/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 47854/19 Solak v. Turkey 20/08/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 47861/19 Göyce v. Turkey 01/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 48028/19 Sarıbek v. Turkey 19/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 48091/19 Sarıkaya v. Turkey 02/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 136 49038/19 Dede v. Turkey 06/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 137 49412/19 Boğaz v. Turkey 10/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 49418/19 Yilmaz v. Turkey 20/08/2019 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 139 49487/19 Keklik v. Turkey 05/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 140 49684/19 Doğan v. Turkey 16/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 49912/19 Konukseven v. Turkey 11/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 50066/19 Uzkut v. Turkey 10/09/2019 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/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 143 50227/19 İslam v. Turkey 11/09/2019 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 144 50698/19 Ölçer v. Turkey 05/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 50753/19 Acemli v. Turkey 02/09/2019 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 146 50809/19 Odabaşı v. Turkey 05/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 51084/19 Şahin v. Turkey 02/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 51099/19 Korkmaz v. Turkey 05/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 149 51136/19 Karaca v. Turkey 17/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 51151/19 Cesur v. Turkey 05/09/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 51159/19 Hoda v. Turkey 06/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 152 51195/19 Demir v. Turkey 28/08/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 153 51305/19 Kızmaz v. Turkey 04/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 51326/19 İpekçi v. Turkey 04/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 51398/19 Çay v. Turkey 13/09/2019 Delay in examination by the Constitutional Court Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 156 51483/19 Telli v. Turkey 06/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 157 51499/19 Göğüş v. Turkey 20/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 158 51534/19 Elemen v. Turkey 23/08/2019 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 159 51579/19 Bektaşoğlu v. Turkey 27/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 160 51582/19 Ekici v. Turkey 15/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 51636/19 Sever v. Turkey 19/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 51646/19 Köprülü v. Turkey 10/09/2019 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 163 51676/19 Karabulut v. Turkey 19/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 164 51791/19 Eroğlu v. Turkey 17/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 165 51802/19 Doğan v. Turkey 27/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 51818/19 Kızılırmak v. Turkey 12/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 167 51844/19 Özdemir v. Turkey 13/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 168 51925/19 Gültekin v. Turkey 13/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 169 51934/19 Ulutepe v. Turkey 28/08/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 170 52066/19 Kaya v. Turkey 24/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 171 52225/19 Yıldız v. Turkey 16/09/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 172 52280/19 Olgaç v. Turkey 23/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 173 52453/19 Demir v. Turkey 23/09/2019 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 174 52470/19 Yeşil v. Turkey 27/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 175 52475/19 Ağraş v. Turkey 23/09/2019 Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 176 52553/19 Özbey v. Turkey 24/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 177 52601/19 Tuner v. Turkey 20/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 178 52699/19 Cingöz v. Turkey 22/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 179 52941/19 Kösem v. Turkey 20/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 180 53053/19 Eylek v. Turkey 01/10/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 53059/19 Yaşa v. Turkey 01/10/2019 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 182 53060/19 Köse v. Turkey 24/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 183 53103/19 Erdoğmuş v. Turkey 01/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 53308/19 Korkmaz v. Turkey 20/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 185 53333/19 Güvercin v. Turkey 11/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 53351/19 Türkmen v. Turkey 19/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 187 53369/19 Soy v. Turkey 17/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 188 53376/19 Meriç v. Turkey 02/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 53523/19 Mert v. Turkey 17/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 53524/19 Koçak v. Turkey 23/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 53795/19 Yirik v. Turkey 26/08/2019 Lack of relevant and sufficient reasons for detention 192 53978/19 Aydın v. Turkey 29/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 193 54201/19 Tulgar v. Turkey 03/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 194 54386/19 Akgün v. Turkey 26/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 54490/19 Şıla v. Turkey 01/10/2019 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 196 54501/19 Demir v. Turkey 03/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 197 54525/19 Kurt v. Turkey 04/10/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 198 54581/19 Gülten v. Turkey 03/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 199 54710/19 Koçak v. Turkey 10/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 200 54885/19 Alparslan v. Turkey 27/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 201 55059/19 Komu v. Turkey 03/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 202 55247/19 Ereroğlu v. Turkey 13/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 203 55520/19 Balcı v. Turkey 15/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 204 55590/19 Zorlu v. Turkey 05/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 205 55778/19 Öndem v. Turkey 25/09/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 206 55817/19 Arukan v. Turkey 06/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 207 55822/19 Kurt v. Turkey 03/09/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 208 55874/19 Yüksel 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 Lack of reasonable suspicion 209 55875/19 Yılmaz v. Turkey 11/10/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 210 55949/19 Duran v. Turkey 09/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 211 55953/19 Kıpçak v. Turkey 08/10/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 212 56055/19 Tuz v. Turkey 09/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 213 56063/19 Başer v. Turkey 10/10/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 214 56071/19 Sağlam v. Turkey 09/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 215 56077/19 Buyur v. Turkey 10/10/2019 Length of pre-trial detention Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 216 56192/19 Biray v. Turkey 29/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion