Law firm investigation and right to privacy
JUDGMENT
Özgün Öztunç v. Turkey 27.03.2018 (no. 5839/09)
SUMMARY
Investigation and seizure of a lawyer’s office in the framework of terrorism investigations. Violation of the right to respect for privacy and right of access to an effective remedy
PROVISION
Article 8
PRINCIPAL FACTS
The applicant, Özgün Öztunç, is a Turkish national who was born in 1974 and lives in Istanbul.
The case concerned a search and seizure in a lawyer’s office. On 13 January 2004, on suspicion of being involved in a white-collar criminal organisation, a number of individuals had their homes and offices searched. Mr Öztunç was thus arrested at the office where he practised as a lawyer and the premises were searched by the police. On 10 May 2005 the Assize Court partially acquitted him.
In January 2005 Mr Öztunç applied for compensation from the Ministry of Justice but his request was denied. Mr Öztunç then brought proceedings before the Administrative Court, which found that it did not have jurisdiction. The Supreme Administrative Court dismissed his appeal.
Relying in particular on Articles 8 (right to respect for one’s private and family life, home and correspondence), the applicant complained that the search and seizure carried out in the office where he practised as a lawyer had been illegal and unlawful and that he had not had effective legal remedy in that connection.
THE DECISION OF THE COURT
Violation of Article 8
Just satisfaction: EUR 2,000 (non-pecuniary damage)(echrcaselaw.com editing).
