ELCI AND OTHERS v. TURKEY JUDGMENT 120 speculative. They emphasised that any award of just satisfaction could only be made on an equitable basis, avoiding unjust enrichment. 720. The Court notes that the claims of the applicants Tahir Elçi, Sabahattin Acar, Mesut Beştaş, Vedat Erten, Hüsniye Ölmez, İmam Şahin and Arzu Şahin refer to the whole of their detention, both in police/gendarme custody and in detention on remand ordered by a court. However, the Court has only found a violation of Article 5 § 1 of the Convention in respect of the applicants' detention prior to their being brought before a court. So instead of 85 to 94 days spent in unlawful custody, or 58 days in respect of Mr and Mrs Şahin, Mr Elçi spent 17 days, Mr Acar 25 days, Mr Beştaş 24 days, Mr Erten 17 days, Ms Ölmez 24 days, and Mr and Mrs Şahin 14 days. 721. In any event, it considers the applicants' claims to be excessive in the light of their limited legal experience at the time, the statement of several of them to the Commission Delegates that they had had difficulty finding any work, hence they had been obliged to act as criminal defence lawyers before the State Security Court as their main activity, and the standard of living in south east Turkey. However, it is clear that there was some loss of earnings during the applicants' detention which has been found to violate Article 5 of the Convention and that a recuperation period was required after their stressful experience in order to restore their health and their clients' confidence. In these circumstances, the Court decides on equitable basis, as required by Article 41 of the Convention, that the applicants should receive the following in pecuniary damage: - Tahir Elçi, 1,510 euros (“EUR”); - Nevzat Kaya, EUR 1660; - Şinasi Tur, EUR 1,750; - Sabahattin Acar, EUR 1,750; - Niyazi Çem, EUR 1,510; - Mehmet Selim Kurbanoğlu, EUR 1,600; - Meral Daniş Beştaş, EUR 1,720; - Mesut Beştaş, EUR 1,720; - Vedat Erten, EUR 1,510; - Baki Demırhan, EUR 1,720; - Arif Altinkalem, EUR 1,720; - Gazanfer Abbasioğlu, EUR 1,300; - Fuat Hayri Demır, EUR 1,210; - Hüsniye Ölmez, EUR 1,720; - İmam Şahin, EUR 1,420; and - Arzu Şahin, EUR 1,420. 722. The sums awarded in the preceding paragraph are to be paid into the bank account indicated in the applicants' just satisfaction claim.

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