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 } .s2D726B78 { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .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. 58437/17 Mehmet DUYMAZ against Turkey and 265 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 58437/17 Duymaz v. Turkey 12/07/2017 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 2 58438/17 Dorum v. Turkey 10/07/2017 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 3 58439/17 Öz v. Turkey 12/07/2017 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 4 58452/17 Çipil v. Turkey 24/07/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 5 58454/17 Reis v. Turkey 21/07/2017 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 6 58456/17 Tekin v. Turkey 17/07/2017 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 7 60995/17 Bostan v. Turkey 31/07/2017 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 8 61353/17 Kaynak v. Turkey 09/08/2017 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 Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 9 70844/17 Söyler v. Turkey 17/08/2017 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 10 80976/17 Aksan v. Turkey 09/11/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 11 82731/17 Yıldırım v. Turkey 31/10/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 12 82734/17 Tosun v. Turkey 31/10/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 13 82739/17 Keleş v. Turkey 03/11/2017 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 14 20497/18 Üner v. Turkey 10/04/2018 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 15 27945/18 Mete v. Turkey 30/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 16 30186/18 Öztürk v. Turkey 20/06/2018 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 17 32615/18 Akpınar v. Turkey 25/06/2018 Delay in examination by the Constitutional Court 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 hearing during the detention review Lack of reasonable suspicion 18 32952/18 Özyiğit v. Turkey 25/06/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 19 32957/18 Kırcılı v. Turkey 25/06/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 20 32959/18 Durdu v. Turkey 03/07/2018 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 21 32981/18 Saka v. Turkey 03/07/2018 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 22 35190/18 Demirbaş v. Turkey 15/05/2018 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 23 35276/18 Çıkmaz v. Turkey 19/04/2018 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 24 47192/18 Gülen v. Turkey 02/10/2018 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 25 6347/19 Sakman v. Turkey 26/01/2019 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 26 11774/19 Bahçeci v. Turkey 20/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 27 11779/19 Erkap v. Turkey 25/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 28 11782/19 Ortak v. Turkey 25/02/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 29 15792/19 Gürel v. Turkey 11/03/2019 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 30 15987/19 Alagöz v. Turkey 14/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 31 16572/19 Uçar v. Turkey 16/03/2019 Length of pre-trial detention Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 32 17512/19 Arıtürk v. Turkey 14/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 33 17576/19 Elma v. Turkey 01/03/2019 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 34 19178/19 Atasoy v. Turkey 28/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 35 19702/19 Hennep v. Turkey 14/03/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 36 19832/19 Türkoğlu v. Turkey 25/03/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 37 20267/19 Erdoğan v. Turkey 01/04/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 38 21651/19 Altun v. Turkey 11/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 39 22465/19 Tirit v. Turkey 18/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 40 22489/19 Kılıç v. Turkey 16/04/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 41 24839/19 Küççük v. Turkey 03/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 42 24953/19 Şimşek v. Turkey 30/04/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 43 25289/19 Gülgen v. Turkey 22/04/2019 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 44 26037/19 Kılıçaslan v. Turkey 23/04/2019 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 45 27196/19 Çetingül v. Turkey 10/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 46 27772/19 Tonga v. Turkey 10/05/2019 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 47 29535/19 Yaşar v. Turkey 10/05/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 48 29756/19 Yoldaş v. Turkey 24/05/2019 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 49 30055/19 Kadıoğlu v. Turkey 31/05/2019 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 50 30057/19 Onat v. Turkey 17/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 51 30082/19 Yerkazanoğlu v   Turkey 28/05/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 52 30972/19 Er v. Turkey 31/05/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 53 31637/19 Eker v. Turkey 29/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 54 32207/19 Zengin v. Turkey 10/06/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 55 32265/19 Aydın v. Turkey 03/06/2019 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 56 33042/19 Karaman v. Turkey 13/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 57 33430/19 Küçükbay v. Turkey 19/06/2019 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 58 34245/19 Köksal v. Turkey 18/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 59 35131/19 Altıntaş v. Turkey 21/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 60 35260/19 Yüce v. Turkey 27/06/2019 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 61 35481/19 Ünsal v. Turkey 06/05/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 62 35989/19 Yıldız v. Turkey 21/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 63 36066/19 Apa v. Turkey 21/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 64 36146/19 Dinçer v. Turkey 14/06/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 65 36190/19 Eryılmaz v. Turkey 21/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 66 36574/19 Doğan v. Turkey 25/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 67 37100/19 Çetin v. Turkey 26/06/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 68 40185/19 Duman v. Turkey 17/07/2019 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 69 40393/19 Aslan 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 70 40635/19 Turan v. Turkey 22/07/2019 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 Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 71 40804/19 Bayraktar v. Turkey 17/07/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 72 40813/19 Büyükemirusta v. Turkey 28/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 73 41212/19 Ertaş v. Turkey 03/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 74 41659/19 Acar v. Turkey 27/06/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 75 41699/19 Böken v. Turkey 16/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 76 41812/19 Mavuş v. Turkey 26/07/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 77 42047/19 Dağ v. Turkey 01/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 78 42869/19 Acar v. Turkey 05/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 79 44990/19 Aktepe v. Turkey 23/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 80 45864/19 Ateş v. Turkey 29/08/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 81 46150/19 Urbay v. Turkey 31/08/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 82 46772/19 Şahin v. Turkey 26/08/2019 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 83 48359/19 Taner v. Turkey 02/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 84 49391/19 Körpe v. Turkey 06/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 85 50264/19 Künç v. Turkey 10/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 86 51415/19 Kulaksiz v. Turkey 23/09/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 87 51838/19 Özdemir v. Turkey 12/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 88 52109/19 Elmas v. Turkey 23/09/2019 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 89 53176/19 Köroğlu v. Turkey 30/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 90 53244/19 Bayram v. Turkey 30/09/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 91 53315/19 Yılmaz v. Turkey 11/09/2019 Length of pre-trial detention Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of hearing during the detention review Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 92 53571/19 Hancıoğlu v. Turkey 09/10/2019 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 93 53673/19 Zincirkıran v. Turkey 30/09/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 94 54136/19 Osmanoğlu v. Turkey 30/09/2019 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 95 54144/19 Cantaş v. Turkey 02/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 96 54823/19 Yurdalan v. Turkey 14/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 97 56434/19 Erden v. Turkey 18/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 98 56477/19 Kocaman v. Turkey 15/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 99 57323/19 Zeytun v. Turkey 16/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 100 57479/19 Küçükbaşol v. Turkey 22/10/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 101 57668/19 Sahin v. Turkey 15/10/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 102 57763/19 Sert v. Turkey 04/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 103 58097/19 Tekkoyun v. Turkey 11/10/2019 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 104 58124/19 İldemir v. Turkey 30/10/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 105 61247/19 Manas v. Turkey 20/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 106 61564/19 Sarı v. Turkey 20/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 107 62030/19 Dogan v. Turkey 19/11/2019 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 108 62378/19 Doğman v. Turkey 18/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 109 62382/19 Özcan v. Turkey 18/11/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 110 62615/19 Kösek v. Turkey 30/11/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 111 63516/19 Çelebi v. Turkey 18/11/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 112 64029/19 Koçtürk v. Turkey 09/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 113 64892/19 Dinç v. Turkey 26/11/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 114 64978/19 Oyar v. Turkey 10/12/2019 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention No effective remedy to compensation Lack of reasonable suspicion 115 119/20 Yüksel v. Turkey 19/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 116 120/20 Kılıçak v. Turkey 19/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 117 125/20 Yılmaz v. Turkey 19/12/2019 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 118 1265/20 Uzunali v. Turkey 20/12/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 119 2465/20 Özcan v. Turkey 06/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 120 2523/20 Uysal v. Turkey 19/12/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 121 2567/20 Kınık v. Turkey 26/12/2019 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 122 4193/20 Sayılı v. Turkey 03/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 123 4639/20 Elibol v. Turkey 15/01/2020 Delay in examination by the Constitutional Court 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 124 4812/20 Gazioğlu v. Turkey 03/01/2020 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 125 6032/20 Sel v. Turkey 20/01/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 126 6830/20 Tıknas v. Turkey 21/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 127 6915/20 Akkuş v. Turkey 21/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 128 6920/20 Şahan v. Turkey 16/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 129 7384/20 Özdemir v. Turkey 22/01/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 130 7438/20 Karataş v. Turkey 31/01/2020 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 131 7857/20 Safaz v. Turkey 27/01/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 132 7900/20 Abidik v. Turkey 29/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 133 7903/20 Topoğlu v. Turkey 03/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 134 7911/20 Güden v. Turkey 28/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 135 8082/20 Gündüz v. Turkey 22/01/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 136 8087/20 Koçer v. Turkey 22/01/2020 Lack of relevant and sufficient reasons for detention Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 137 8097/20 Şeker v. Turkey 29/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 138 8209/20 Altun v. Turkey 27/01/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 139 8756/20 Ataç v. Turkey 06/02/2020 Lack of relevant and sufficient reasons for detention Lack/Difficulties of legal assistance/other facilities Lack of reasonable suspicion 140 9268/20 Oluç v. Turkey 03/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 141 9353/20 Uzun v. Turkey 17/12/2019 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 142 11449/20 Çelik v. Turkey 19/02/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 143 11695/20 Özder v. Turkey 27/02/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 144 12646/20 Yamaç v. Turkey 28/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 145 12671/20 Gürzal v. Turkey 21/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 146 13112/20 Akyazı v. Turkey 20/02/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 147 13590/20 Çetinkaya v. Turkey 06/03/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 148 13760/20 Tandoğan v. Turkey 25/02/2020 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 149 14810/20 Yılmaz v. Turkey 06/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 150 15142/20 Özer v. Turkey 09/03/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 151 15852/20 Çelik v. Turkey 16/03/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 152 15891/20 Yılmaz v. Turkey 13/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 153 16207/20 Özdemir v. Turkey 16/03/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 154 16583/20 Başköy v. Turkey 20/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 155 16996/20 Tezcan v. Turkey 20/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 156 17018/20 Güngör v. Turkey 31/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 157 17119/20 Akkuş v. Turkey 20/03/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 158 17122/20 Erşen v. Turkey 24/03/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 159 17617/20 Filizciler v. Turkey 02/04/2020 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 160 17981/20 Dağdelen v. Turkey 17/04/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 161 20245/20 Mıhcı v. Turkey 13/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 162 21069/20 Dülger v. Turkey 12/05/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 163 21743/20 Karaca v. Turkey 28/05/2020 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 164 21750/20 Tepetam v. Turkey 28/05/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Lack of reasonable suspicion 165 22427/20 Kök v. Turkey 02/06/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 166 23607/20 Sipahioğlu v. Turkey 02/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 167 23990/20 Obur v. Turkey 01/06/2020 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 of reasonable suspicion 168 24254/20 Eroğlu v. Turkey 15/06/2020 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 169 24293/20 Yaman v. Turkey 15/06/2020 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 170 24322/20 Bayburtlu v. Turkey 11/06/2020 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 171 24401/20 Uysal v. Turkey 01/06/2020 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 172 25270/20 Taşkın v. Turkey 05/06/2020 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 173 25463/20 Karanfil v. Turkey 09/06/2020 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 174 26395/20 Eroğlu v. Turkey 19/06/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 175 26464/20 Özülkü v. Turkey 22/06/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 176 27189/20 Akyol v. Turkey 26/06/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 177 27742/20 Yılmaz v. Turkey 22/06/2020 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 178 28911/20 Kaçmaz v. Turkey 01/07/2020 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 179 29043/20 Şahin v. Turkey 06/07/2020 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 Failure to communicate the prosecutor’s opinion Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 180 29048/20 Kuzgun v. Turkey 06/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 181 29181/20 Aydın v. Turkey 06/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 182 30661/20 Aydın v. Turkey 02/07/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 183 31330/20 Karabacak v. Turkey 21/07/2020 Length of pre-trial detention Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 184 33806/20 Tekdemir v. Turkey 04/08/2020 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 185 35153/20 Şan v. Turkey 27/07/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 186 35423/20 Güngor v. Turkey 11/08/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of hearing during the detention review Failure/Delay to communicate decisions relating to detention Lack of reasonable suspicion 187 35426/20 Yesilkaya v. Turkey 11/08/2020 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 188 35431/20 Pilevne v. Turkey 27/07/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 189 35598/20 Yıldız v. Turkey 13/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 190 38208/20 Akduman v. Turkey 28/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 191 38271/20 Kilimtepe v. Turkey 28/08/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 192 38387/20 Önder v. Turkey 18/08/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 193 38415/20 Şen v. Turkey 17/08/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 194 39243/20 Aydın v. Turkey 31/08/2020 Length of pre-trial detention Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 195 40647/20 Cirakoglu v. Turkey 02/09/2020 Failure/Delay in examining requests for enlargement/objection 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 196 41368/20 Arlı v. Turkey 10/09/2020 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 197 41470/20 Başpınar v. Turkey 10/09/2020 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 198 41682/20 Erçıkdı v. Turkey 15/09/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 199 43464/20 Aydın v. Turkey 19/09/2020 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 200 44052/20 Tekkoyun v. Turkey 23/09/2020 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 201 44975/20 Mungan v. Turkey 02/10/2020 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 Lack/Difficulties of legal assistance/other facilities Lack of hearing during the detention review Lack of reasonable suspicion 202 45338/20 Ermişoğlu v. Turkey 09/10/2020 Lack of relevant and sufficient reasons for detention Failure to communicate the prosecutor’s opinion Lack of reasonable suspicion 203 46366/20 Kaya v. Turkey 08/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 204 46389/20 Karaduman v. Turkey 08/10/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 205 46418/20 Özbulut v. Turkey 09/10/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 206 48701/20 Koçuk v. Turkey 26/10/2020 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 207 48703/20 Cambaztepe v. Turkey 26/10/2020 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 208 48710/20 Karanfil v. Turkey 23/10/2020 Lack of relevant and sufficient reasons for detention Lack of hearing during the detention review Lack of reasonable suspicion 209 49561/20 Dalman v. Turkey 27/10/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 210 50285/20 Çiçek v. Turkey 10/11/2020 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 211 50290/20 Türkmen v. Turkey 10/11/2020 Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 212 52222/20 Uygun v. Turkey 16/11/2020 Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 213 54974/20 Aksoy v. Turkey 20/11/2020 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 214 55104/20 Küçüker v. Turkey 08/12/2020 Length of pre-trial detention 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 215 55276/20 Yavuz v. Turkey 26/11/2020 Delay in examination by the Constitutional Court Failure/Delay in examining requests for enlargement/objection Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 216 55519/20 Uslu v. Turkey 27/11/2020 Delay in examination by the Constitutional Court Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 217 283/21 Ergin v. Turkey 18/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 218 544/21 Halıcıoğlu v. Turkey 14/12/2020 Lack of hearing during the detention review Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 219 2138/21 Akgül v. Turkey 31/12/2020 Length of pre-trial detention Restriction of access to the investigation file Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 220 2157/21 Ilker v. Turkey 24/12/2020 Length of pre-trial detention Lack of relevant and sufficient reasons for detention Lack of reasonable suspicion 221 2314/21 Uzbaş v. Turkey 29/12/2020 Length of pre-trial detention 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 222 2320/