Resolution CM/ResDH(2021)198

Execution of the judgments of the European Court of Human Rights

Nine 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

26638/07

KONUK AND OTHERS

09/02/2021

09/02/2021

4048/09

HAKÄ°M AYDIN

26/05/2020

26/08/2020

53100/11

SARAÇ AND OTHERS

23/06/2020

23/06/2020

32738/11

KILICI

27/11/2018

27/02/2019

36475/10

AGÄ°T DEMÄ°R

27/02/2018

04/02/2019

16931/13

AKMAN

15/01/2019

15/01/2019

29283/07

Ä°ÅžERÄ° AND OTHERS

09/10/2012

09/01/2013

38291/07

KEMAL BAÅž

19/02/2013

19/05/2013

15520/06

ERDOÄžAN AND OTHERS

13/11/2018

13/02/2019

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 of the right to freedom of peaceful assembly, including the prosecution of participants and/or the use of excessive force to disperse peaceful demonstrations (violations of Article 11);

Recalling that other violations concern:

- failure to ensure effective investigations into allegations concerning the unlawful use of force by law enforcement officers (violation of Article 3) in the cases of Saraç and Others (53100/11), Kılıcı (32738/11), Akman (16931/13), Ișeri and Others (29283/07), Kemal Baș (38291/07) (this issue is being examined under the Batı group of cases (33097/96);

- failure to provide concrete and sufficient reasoning and to consider alternative measures for the applicants’ pre-trial detention (violation of Article 5, paragraph 1) in the cases of Hakim Aydın (4048/09) and Agit Demir (36475/10) (this issue is being examined under the Nedim Şener group of cases (38270/11));

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 examined the information provided by the government as regards the individual measures in these cases (see DH-DD(2020)46 and DH-DD(2021)677 ) and noted with regret that no further individual measures are possible in these cases; having moreover noted that the just satisfaction, where awarded, was paid by the government of the respondent State;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the freedom of assembly group ( Oya Ataman (74552/01)) of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

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

DECIDES to close the examination of these cases.