ELCI AND OTHERS v. TURKEY JUDGMENT 90 not there should be a prosecution (Article 153 of the Code of Criminal Procedure). 578. In the case of alleged terrorist offences, the Public Prosecutor was deprived of jurisdiction in favour of a separate system of State Security Prosecutors and courts established throughout Turkey. 579. If the suspected offender was a civil servant and if the offence was committed during the performance of his duties, the preliminary investigation of the case was governed by the Law of 1914 on the prosecution of civil servants, which restricted the Public Prosecutor's jurisdiction ratione personae at that stage of the proceedings. In such cases it was for the relevant local administrative council (for the district or province, depending on the suspect's status) to conduct the preliminary investigation and, consequently, to decide whether to prosecute. Once a decision to prosecute had been taken, it was for the Public Prosecutor to investigate the case. According to Article 4 (e) of Decree No. 285, complaints against officers who were subject to the authority of the State of Emergency Provincial Governor were to be dealt with under the same procedure. 580. An appeal to the Supreme Administrative Court lay against a decision of the Council. If a decision not to prosecute was taken, the case was automatically referred to that court. 581. By virtue of Article 4, paragraph (i), of Legislative Decree No. 285 of 10 July 1987 on the authority of the Governor of a state of emergency region, the aforementioned 1914 Law also applied to members of the security forces who came under the Governor's authority. D. Search and seizure 582. Article 11 of the Law on the State of Emergency and Article 3 of Decree No. 430 set out the terms and conditions for search and seizure in the state of emergency region as follows: “Measures to be taken in cases of violent acts - Article 11 In times of state of emergency declared in accordance with Article 3 § 1 (b) of this law, the following measures can be taken, in addition to those set out in Article 9, in order to maintain general security and public order and to prevent the spreading of acts of violence : ... c) to conduct a search of persons, their cars and materials and to seize the incriminating materials to be found which constitute evidence, ...” “Article 3:- In the provinces which are under the state of emergency ... d) [The state of emergency Regional Governor], at the request of the security forces or on his own motion, where delay is deemed prejudicial, can order the conduct of general searches on roads and in residential neighbourhoods. [He is empowered to