CEDH · CASELAW;COMMUNICATEDCASES;ENG — 14 novembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 2 December 2024   SECOND SECTION Application no. 11980/23 İbrahim EROL against Türkiye lodged on 15 February 2023 communicated on 14 November 2024 SUBJECT MATTER OF THE CASE The application concerns the allegedly unlawful search of the applicant’s house while he was detained in prison in Tavşanlı. At the material time, the applicant was convicted of membership of a terrorist organisation by a final court judgment. On 2 March 2021 a search of his house, in which his wife resided, was carried out for another investigation into the same offence. According to the search report, two police officers conducted the search in the absence of a public prosecutor and without ensuring the presence of two attesting witnesses, as was required by Article   119 § 4 of the Code of Criminal Procedure. Invoking Article 8 of the Convention, the applicant complains that the search conducted at his home was in breach of his right to respect for his private and family life. QUESTIONS TO THE PARTIES Has there been an interference with the applicant’s right to respect for his private and family life and his home, contrary to Article 8 of the Convention?   If so, was the interference in accordance with the law and necessary in terms of Article   8 §   2?   In particular, did the police officers ensure the presence of the public prosecutor or of two attesting witnesses during the search, as was required by Article 119 § 4 of the Code of Criminal Procedure (see Budak v.   Turkey , no.   69762/12, §§ 53-59, 16   February 2021)?