ELCI AND OTHERS v. TURKEY JUDGMENT 91 order] the conduct of searches in houses, offices and their annexes belonging to persons and corporate bodies, as well as in places which are not open to the public.” 583. Articles 90 to 97 of the Code of Criminal Procedure set out the general terms which governed such measures elsewhere, whereby it was a Judge or Public Prosecutor who could authorise seizures. In particular, Article 97 empowered Public Prosecutors and the police to conduct searches where delay was deemed prejudicial, for which judicial confirmation was required within three days of the measures being taken (Article 90). Appeals against irregularities were provided by Articles 307 and 308 of the Code of Criminal Procedure. Moreover, Articles 193 and 194 of the Criminal Code made it a criminal offence to unlawfully search an individual's home. E. Investigation into the activities of lawyers 584. Law No. 1136 on Advocates provided that inquiries about advocates for offences committed as a result of or during their work should be carried out by the State Prosecutor of the place where the offence was committed, after permission had been given by the Ministry of Justice (Article 58). A file concerning an inquiry carried out pursuant to Article 58 of this Law was assigned to the Criminal Affairs General Directorate of the Ministry of Justice. In case it was deemed necessary to institute proceedings, the file would be sent to the State Prosecutor for Serious Penalties, at the Serious Penalty Court nearest to the place where the offence had been committed. Those courts held the hearing of the lawyers concerned (Article 59). 585. Since 1983, Article 9 of Law No. 2845 on the establishment and judicial practice of the State Security Courts dispensed with the requirement of ministerial authorisation, leaving the State Security Court Prosecutors with direct authority to investigate suspect lawyers. 586. However, a circular from the Ministry of Justice dated 14 February 1994 urgently reminded the prosecution authorities that Article 58 of Law No. 1136 on Advocates, and earlier ministerial directives, required that inquiries relating to lawyers were to be performed directly by Public Prosecutors even in matters of “individual offences” (i.e. outside their professional activities). They could not be left to law enforcement officers. F. The role of the Convention in domestic law 587. Article 90 of the Constitution provided a constitutional right to complain to the Convention organs. Moreover, Article 36 of the Constitution safeguarded the right to put claims before a competent review body, which provision included the right of individual petition under the Convention. 588. The Convention prevailed over incompatible domestic law.

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