Communicated on 8 January 2019<\/p>\n
SECOND SECTION<\/p>\n
Application no.37637\/18
\nErg\u00fcl\u00c7\u0130\u00c7EKLER
\nagainst Turkey
\nlodged on 26 July 2018<\/p>\n
SUBJECT MATTER OF THE CASE<\/p>\n
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, G\u00e4fgen v. Germany [GC], no.\u00a022978\/05, \u00a7\u00a0165\u20116, ECHR 2010, and Huseyn and Others v.Azerbaijan, nos.\u00a035485\/05 and3 others, \u00a7 202, 26 July 2011).<\/p>\n
QUESTION tO THE PARTIES<\/p>\n
1.\u00a0\u00a0Has there been a violation of the applicant\u2019s 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 G\u00e4fgen v.\u00a0Germany [GC], no. 22978\/05, \u00a7 165-6, ECHR 2010, and Huseyn and\u00a0Others v. Azerbaijan, nos. 35485\/05 and 3 others, \u00a7 202, 26 July 2011)?<\/p>\n
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 Da\u011fdelen and Others v. Turkey, nos. 1767\/03 and 2 others, 25\u00a0November 2008.<\/p>\n
The Court has also found a violation of the substantive aspect of Article\u00a03 of the Convention and Article 13 of the Convention in respect of U.B., O.K. and \u00d6.\u00d6. whose evidence was allegedly used by the trial court to convict the applicant.<\/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