ELCI AND OTHERS v. TURKEY JUDGMENT
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in Cardot v. France, Series A no. 200 of 19 March 1991, the operative part,
and Soc v. Croatia, no. 47863, § 88, of 9 May 2003). Although certain
applicants may be said to have raised it in substance, it was not specified or
elaborated prior to admissibility, and it has not been the subject of an
exchange of observations between the parties. It is inappropriate therefore to
take the matter up at this stage of the proceedings.
V. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
AND ARTICLE 1 OF PROTOCOL No. 1
687. The applicants Tahir Elçi, Şinasi Tur, Sabahattin Acar, Niyazi Çem
and Mehmet Selim Kurbanoğlu complained about the searches and seizure
of files and documents, which took place at the time of their arrests. They
invoked Article 8 of the Convention as well as Article 1 of Protocol No. 1,
the relevant parts of which provide as follows:
Article 8
“1. Everyone has the right to respect for his private and family life, his home and his
correspondence.
2. There shall be no interference by a public authority with the exercise of this right
except such as is in accordance with the law and is necessary in a democratic society
in the interests of national security, public safety ... for the prevention of disorder or
crime, or for the protection of the rights and freedoms of others.”
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public interest
and subject to the conditions provided for by law and by the general principles of
international law.
The preceding provisions shall not, however, in any way impair the right of a State
to enforce such laws as it deems necessary to control the use of property in accordance
with the general interest...”
A. Submissions of the parties
1. The applicants
688. The applicants MM Elçi, Tur, Acar, Çem and Kurbanoğlu
contended that the search of their homes and offices was of doubtful
lawfulness, given the lack of clear authority from a Prosecutor or Judge, the
need to protect the confidentiality of the client/lawyer relationship, the bad
faith which tainted the arrest decisions and the indiscriminate nature of the
searches and seizures, with no indication of the specific items sought and no