European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2011/708.html
Cite as: [2011] ECHR 708

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1 April 2011

SECOND SECTION

Application no. 42403/09
by Kasım AZARKAN
against Turkey
lodged on 28 July 2009

The facts and complaints in this case have been summarised in the Court’s partial decision on admissibility, which is available in HUDOC.

QUESTIONS TO THE PARTIES

1. Was the length of the criminal proceedings against the applicant in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?

Was there a breach of Article 6 §§ 1 and 3 (c) of the Convention as a result of the lack of legal assistance available to the applicant during his detention in police custody (see Salduz v. Turkey [GC], no. 36391/02, 27 November 2008)?

Was the applicant able to obtain the examination in court of witnesses on his behalf as required by Article 6 § 3 (d) of the Convention? In this connection, was there a breach of the applicant’s right to a fair hearing pursuant to Article 6 § 1 in conjunction with Article 6 § 3 (d) of the Convention on account of the alleged refusal of domestic court to hear witnesses for the applicant’s defence?