ELCI AND OTHERS v. TURKEY JUDGMENT
2
claimed that they were tortured and otherwise ill-treated whilst in detention
(Article 3). The applicants Tahir Elçi, Şinasi Tur, Sabahattin Acar, Niyazi
Çem and Mehmet Selim Kurbanoğlu made further complaints concerning
the searches and seizures which took place at the time of the arrests
(Article 8 of the Convention and Article 1 of Protocol No. 1). A further
aspect of the case related to an alleged hindrance of the rights of Tahir Elçi,
İmam Şahin, Arzu Şahin, Sabahattin Acar and Baki Demırhan to make
complaints to the Convention organs (formerly Article 25 of the
Convention, now Article 34).
4. The applications were declared partly admissible (in respect of the
complaints specified in the previous paragraph) after a hearing on
admissibility and merits by the Commission in Strasbourg on 2 December
1996. (The decision in Şahin and Şahin was partly re-opened and confirmed
by the Commission on 30 June 1997.) Delegates of the Commission
(Mr H. Danelius, Ms J. Liddy and Mr A. Arabadjiev) thereafter took the
parties' oral evidence at a fact-finding hearing in Ankara between 7 and
11 December 1998.
5. The applicants and the Government each filed final conclusions on the
merits (Rule 59 § 1), the former on 30 September 1999 and the latter on
10 November 1999.
6. The case was transmitted to the Court on 1 November 1999 in
accordance with Article 5 § 3, second sentence, of Protocol No. 11 to the
Convention, the Commission not having completed its examination of the
merits of the applications by that date.
7. The applications were allocated to the Second Section of the Court
(Rule 52 § 1 of the Rules of Court). Within that Section, the Chamber that
would consider the case (Article 27 § 1 of the Convention) was constituted
as provided in Rule 26 § 1 of the Rules of Court. Mr R. Türmen, the judge
elected in respect of Turkey, withdrew from sitting in the case (Rule 28).
The Government accordingly appointed Mr F. Gölcüklü to sit as an ad hoc
judge (Article 27 § 2 of the Convention and Rule 29 § 1).
8. On 1 November 2001 the Court changed the composition of its
Sections (Rule 25 § 1). This case was assigned to the newly composed
Fourth Section.
9. The applicants submitted claims for just satisfaction dated 28 March
2003, to which the Government responded on 30 June 2003.