Resolution CM/ResDH(2021)179

Execution of the judgments of the European Court of Human Rights

Four cases 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

38872/11

SONBAHAR ERDEM

15/01/2019

15/01/2019

46043/10

KOÇ

03/12/2019

03/12/2019

62610/12

ÖZBAY

12/02/2019

12/02/2019

50868/08

ALINAK

15/01/2019

15/01/2019

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 judgments transmitted by the Court to the Committee in these cases and to the violations established;

Recalling that the violations of the Convention found by the Court in these cases primarily concern the violation of the right to access to court, the applicants’ appeals on points of law having been declared inadmissible on grounds that the level of fine was below the statutory minimum for appeal (violations of Article 6); other violations concern:

- the applicants’ convictions under the anti-terror law for having expressed opinions that did not incite hatred or violence (violations of Article 10) (this issue is being examined under the Öner and Türk group of cases (Application No. 51962/12);

- - lack of adequate reasoning in domestic court decisions in the case of Alınak (violation of Article 6) (this issue is being examined under the Asan case (Application No. 28582/02);

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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)329 );

Recalling that the Committee closed the examination of other similar cases concerning the violation of the right to a access to court (see Final Resolution concerning the Bayar and Gürbüz group of cases, CM/ResDH(2019)330 );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.