ELCI AND OTHERS v. TURKEY JUDGMENT
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familiar with the relevant law and procedure) during the ensuing criminal
proceedings.
692. In conclusion, the Government contended that the applicants'
complaints under Article 8 and under with Article 1 of Protocol No. 1 were
wholly unfounded.
B. The Court's assessment
693. The Court notes that, on their apprehension, the applicants' homes
and/or offices were searched and documentation seized in some instances.
No search warrants were produced by the security forces and no details
were given to the applicants of what was being sought. Anything remotely
connected with Kurdish matters or the PKK was taken, as were certain
client case files which should have been subject to professional
confidentiality and privilege.
694. The parties disputed whether certain incriminating documents, such
as receipts bearing the stamp of the “ERNK” (the political wing of the
PKK) were found on some of the applicants. In particular, the Government
were unable to produce any original document signed by Mr Elçi
acknowledging his possession of such a document. Other applicants
disputed their willingness to sign similar acknowledgements. Most alleged
that their signatures had been extracted towards the end of the detention
period whilst they were blindfolded and after having been tortured or treated
in an inhuman or degrading manner.
695. Mr Elçi also denied that his client files concerning his Commission
work had ever been returned to him at a later date. However, the Court is
satisfied on the evidence that these files were probably returned to his legal
representative before the State Security Court, Mr Dinler (see paragraph 537
above).
696. The Court will first examine the applicants' complaints under
Artice 8 of the Convention. The Court finds that the search of the houses of
five of the applicants and, in certain cases, the seizure of personal
documents and other items constituted an interference with the applicants'
right to respect for their homes and correspondence. The Court likewise
finds that the search of the professional offices of Tahir Elçi and Nevzat
Kaya, and the seizure of files there, amounted to an interference with their
right to respect for their “homes” and “correspondence”, as those terms have
been interpreted in the Court's case-law (see the Niemietz v. Germany
judgment of 16 December 1992, Series A, no. 251-B, § 30).
697. The question remains whether the interferences were justified under
paragraph 2 of Article 8 and, more particularly, whether the measures were
“in accordance with the law” for the purposes of that paragraph. In this
regard the Court recalls its finding above that the applicants' apprehension
and detention by the gendarmerie had failed to follow a procedure