Resolution CM/ResDH(2021)177

Execution of the judgment of the European Court of Human Rights

Ãœnel against Turkey

(Adopted by the Committee of Ministers on 16 September 2021

at the 1411 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

35686/02

ÃœNEL

27/08/2008

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of the applicant’s right to a fair hearing on account of failure of the trial court to examine the evidence (video and voice recordings accusing him of bribe) and to hear witnesses requested by the applicant (violation of Article 6, paragraphs 1 and 3d);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)609 );

Having noted the introduction of the current Code of Criminal Proceedings in 2005 which provided additional safeguards on assessment of evidence, including witness statements and recalling that the issues related to admissibility of evidence, in a broader context, continue to be examined under the case of Ayetullah Ay (application No. 29084/07);

Having noted therefore that closure of this case in no way prejudges the Committee’s evaluation of the general measures required in respect of examining evidence and hearing of witnesses,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.