Four days after her arrest she was allowed to see her lawyer for only five minutes, after which she gave a statement to the police in the absence of a lawyer. In this statement she confessed to being a member of an illegal organization. She repeated this confession in front of the public prosecutor two days later. However, when questioned by the investigating judge she denied the charges against her.

Relying in particular on her police statement, as well as on other evidence, the national courts found her guilty of being a member of an illegal armed organization and sentenced her to prison. Looking at the fact that Ms. Tunç was only allowed to see her lawyer for five minutes the ECHR stated that this meeting cannot be considered sufficient by Convention standards. The ECHR further referred to the Salduz jurisprudence and stated that this case does not present any particular circumstances justifying a departure from that jurisprudence. Consequently the ECHR found a violation of article 6 (3) (c) in conjunction with article 6 (1) of the Convention.