The data of the persons involved in the case has been deleted and anonymized.<\/p>\n
Communicated on 28 March 2019<\/p>\n
SECOND SECTION<\/p>\n
Application no. 32043\/11
\nagainst Turkey
\nlodged on 23 September 2009<\/p>\n
SUBJECT MATTER OF THE CASE<\/strong><\/p>\n The application concerns the validity of the applicants\u2019 waiver of their right to lawyer when making statements during the different phases of the investigation stage and the third applicant\u2019s alleged inability to confront S.T. whose incriminatory police statements in respect of him were relied on by the trial court to convict him (see no. 21980\/04, 12 May 2017; no. 9154\/10, ECHR 2015; and no. 7459\/04, 29 March 2016).<\/p>\n QUESTIONS tO THE PARTIES<\/strong><\/p>\n 1.\u00a0\u00a0Did the applicant have a fair hearing in the determination of the criminal charges against him, in accordance with Article 6 \u00a7 1 of the Convention?<\/p>\n (a)\u00a0\u00a0Has there been a breach of Article 6 \u00a7 3 (c) of the Convention, as a result of the lack of legal assistance available to the applicant during the preliminary investigation? In particular, could the applicant be considered to have waived his right to legal assistance when giving statements to the police and the investigating judge (see no. 21980\/04, 12 May 2017)?<\/p>\n 2.\u00a0\u00a0Was the third applicant able to examine S.T. as required by Article\u00a06 \u00a7\u00a03\u00a0(d) of the Convention? What steps did the domestic courts take to secure the attendance of that individual?<\/p>\n (a)\u00a0\u00a0Was there a good reason for the non-attendance of the above-mentioned individual at the trial? Were the factual or legal grounds of such a reason reflected in the domestic courts\u2019 judgments?<\/p>\n (b)\u00a0\u00a0Did S.T.\u2019s statements serve as the sole or decisive evidence for the applicant\u2019s conviction?<\/p>\n (c)\u00a0\u00a0Did the domestic courts\u2019 judgments indicate that they had approached those with any specific caution?<\/p>\n (d)\u00a0\u00a0Did the domestic courts provide the applicant with procedural safeguards aimed at compensating for the alleged lack of opportunity to directly examine S.T. at the trial?<\/p>\n The Government are invited to submit copies of all the relevant documents concerning the applicant\u2019s 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.<\/p>\n