ELCI AND OTHERS v. TURKEY JUDGMENT
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prescribed by law, there being no record of any prior or post legitimisation
having been given by a Prosecutor (paragraphs 675-685 above). Similarly,
the Court finds that no search warrants were issued by a Prosecutor or Judge
and no official document or note of verbal instructions describing the
purpose and scope of the searches was drawn up by any judicial authority
beforehand or afterwards.
698. Insofar as Article 11 of the Law No. 2935 on the State of
Emergency and Article 3 of Decree No. 430 for the state of emergency
region gave the Regional Governor powers to order searches and seizure
where delay was deemed prejudicial (paragraph 582 above), the Court notes
that no record of the Governor's instructions for these particular searches,
delimiting their object and scope, was produced by the Government.
However, the search and seizures were extensive and privileged
professional materials were taken without specific authorisation. The Court
is again struck by the lack of accountability or any acceptance of direct
responsibility by the officials involved in the events of the present case (cf.
paragraph 680 above).
699. In sum, the Court finds that the search and seizure measures in the
present case were implemented without any, or any proper, authorisation or
safeguards. In these circumstances, the Court concludes that the
interferences in question have not been shown to be “in accordance with the
law” and that there has accordingly been a violation of Article 8 on this
ground in the case of the five applicants concerned. In view of this
conclusion, the Court does not find it necessary to examine the other issues
of justification arising under the Article.
700. Having regard to its conclusion that there has been a violation of
Article 8 of the Convention, the Court similarly does not find it necessary to
examine separately the applicants' related complaints under Article 1 of
Protocol No. 1.
VI. ALLEGED VIOLATION OF FORMER ARTICLE 25 OF THE
CONVENTION
A. Submissions of the parties
1. The applicants
701. Finally, the applicants Tahir Elçi, İmam Şahin, Arzu Şahin,
Sabahattin Acar and Baki Demırhan alleged a hindrance to their right to
make complaints to the Convention organs, in breach of Article 25 of the
Convention (now replaced by Article 34), which provided as follows: