ÇIÇEKLER v. TURKEY (European Court of Human Rights)

Communicated on 8 January 2019

SECOND SECTION

Application no.37637/18
ErgülÇİÇEKLER
against Turkey
lodged on 26 July 2018

SUBJECT MATTER OF THE CASE

The application concerns the alleged unfairness of the criminal proceedings against the applicant on account of the use by the trial court of evidence obtained in breach of Article 3 of the Convention and in the absence of a lawyer (see, among many others, Gäfgen v. Germany [GC], no. 22978/05, § 165‑6, ECHR 2010, and Huseyn and Others v.Azerbaijan, nos. 35485/05 and3 others, § 202, 26 July 2011).

QUESTION tO THE PARTIES

1.  Has there been a violation of the applicant’s right to a fair trial on account of the alleged use by the trial court of evidence obtained in breach of Article 3 of the Convention and in the absence of a lawyer (see Gäfgen v. Germany [GC], no. 22978/05, § 165-6, ECHR 2010, and Huseyn and Others v. Azerbaijan, nos. 35485/05 and 3 others, § 202, 26 July 2011)?

The Court has found a violation of both the substantive and the procedural aspects of Article 3 of the Convention in respect of the applicant in Dağdelen and Others v. Turkey, nos. 1767/03 and 2 others, 25 November 2008.

The Court has also found a violation of the substantive aspect of Article 3 of the Convention and Article 13 of the Convention in respect of U.B., O.K. and Ö.Ö. whose evidence was allegedly used by the trial court to convict the applicant.

The Government are invited to submit copies of all the relevant documents concerning the applicant’s case, including but not limited to the minutes of all the hearings, the reasoned judgment of the trial court, documentary evidence against the applicant, and the written submissions of the applicant and his lawyer throughout the proceedings.

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