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TRIAL IN A REASONABLE TIME

ABDULLAH ARTILLERY APPLICATION

(Application Number: 2014/8868)

When determining the duration of the criminal proceedings, as the starting date of the period, the date when a person is notified by the competent authorities of the allegation of committing a crime or when certain measures such as search and detention are applied when he is first affected by the accusation; As for the expiry of the period, the date on which the final decision on the criminal charge is made and the date on which the Constitutional Court gives its decision on the complaint regarding the violation of the right to trial within a reasonable time is taken as the basis for the cases pending trial (BE, App. No: 2012/625, 9/1/). 2014, § 34). Considering the aforementioned principles and the decisions of the Constitutional Court in similar applications, it should be concluded that the duration of the trial, which seems to have lasted approximately 5 years, 2 months and 13 days in the concrete case, is not reasonable.

For precedent decision click here.

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ABDURRAHMAN NUTRITION APPLICATION

(Application Number: 2017/29347)

As a matter of fact, the Court of Cassation pointed out that the finding that the imams of FETÖ/PDY communicated with people in the private services class via payphone or fixed telephone lines can be accepted as evidence showing the connection of the person with the organization under certain conditions. In these circumstances, the aforementioned fact should be accepted as a strong indication of crime when evaluated together with the above-mentioned witness statement (§48).

For precedent decision click here.

Kadir Öztürk

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