Documented gaps
Gaps in the investigation file
By the time the file reached the counter-case proceedings, many documents gathered during the investigation phase were missing. These include banking documents, the full texts of wiretap transcripts, and expert reports.
UYAP upload omissions
Several expert reports prepared during the investigation were not processed into the file through the National Judicial Network (UYAP). When requested by defense counsel for the officers, these reports could not be accessed.
Evidence withheld from the defense
In the counter-case, defense counsel for the officers requested the disclosure of concrete evidence relating to the charges. In many instances, this request was denied on grounds of "investigation confidentiality" or administrative obstacles.
Legal consequence
Under the right to a fair trial (ECHR art.6), access to evidence is a fundamental guarantee for the accused. Systematic violation of this guarantee is among the central problems in ECtHR review of these proceedings. See: ECtHR rulings.