Published on 9 December 2024
 
SECOND SECTION
Application no. 22179/19
Kadriye AKINCI against Türkiye
and 6 other applications
(see list appended)
communicated on 21 November 2024
SUBJECT MATTER OF THE CASE
All the applications listed below (see appendix) concern the searches conducted in the applicants’ houses, offices, vehicles or on their person in the aftermath of the attempted coup of 15 July 2016. The applicants were judges and prosecutors in different jurisdictions at the relevant time. Acting on the instructions of the Ankara public prosecutor’s office, regional and provincial prosecutors’ offices initiated criminal investigations in respect of individuals suspected of being involved in the coup attempt and other individuals, such as the applicants in the present cases, who were not directly involved in the coup attempt but were alleged to have links to the organisation described by the Turkish authorities as the “Fetullahist Terror Organisation / Parallel State Structure” (Fetullahçı Terör Örgütü / Paralel Devlet Yapılanması), which was considered by the authorities to be behind the coup attempt.
Relying, in particular, on Article 8 of the Convention, the applicants complained about the searches conducted in their houses, offices, vehicles or on their person. They alleged in particular that these searches were not in compliance with section 88 of Law no. 2802, which prohibited the conduct of searches in the houses of judges and prosecutors or on their persons, except for cases of discovery of commission of an offense in flagrante delicto falling within the jurisdiction of the assize courts.
 
 
QUESTIONS TO THE PARTIES
Has there been an interference with the applicants’ rights under Article 8 of the Convention on account of the searches conducted in their houses, offices, vehicles or on their person?
 
If so, was the interference in accordance with the law in terms of Article 8 § 2?
 
In particular, were the searches carried out in accordance with the relevant legislation (see, mutatis mutandis, Baş v. Turkey, no. 66448/17, §§ 145-158, 3 March 2020, and Tercan v. Turkey, no. 6158/18, §§ 199-201, 29 June 2021)?
 
 
 
APPENDIX
 
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
22179/19
Akıncı v. Türkiye
16/04/2019
Kadriye AKINCI
1981
Şanlıurfa
Turkish
Emine Sevil KOYUNCU
2.
29075/19
Ş.D. v. Türkiye
13/05/2019
Ş. D.
1977
Çanakkale
Turkish
İbrahim KOCAOĞUL
3.
35389/19
Şişman v. Türkiye
28/05/2019
Özcan ŞİŞMAN
1970
Ankara
Turkish
 
4.
44532/19
Çaylı v. Türkiye
01/08/2019
Ramazan ÇAYLI
1978
Zonguldak
Turkish
 
5.
34742/21
Peksak v. Türkiye
23/06/2021
Ali Efendi PEKSAK
1969
Istanbul
Turkish
 
6.
6196/22
Sayar v. Türkiye
21/01/2022
Hasan SAYAR
1978
Istanbul
Turkish
 
7.
36862/22
Mercan v. Türkiye
05/07/2022
Halil MERCAN
1985
Istanbul
Turkish