Resolution CM/ResDH(2021)207

Execution of the judgments of the European Court of Human Rights

Mergen and Others group 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

44062/09

MERGEN AND OTHERS

31/05/2016

31/08/2016

55835/09

AYÅžE YÃœKSEL AND OTHERS

31/05/2016

31/08/2016

55833/09

ERARSLAN AND OTHERS

19/06/2016

19/09/2016

62018/12

ALPERGÄ°N AND OTHERS

27/10/2020

27/01/2021

67483/12

İŞÇİ AND OTHERS

20/10/2020

20/01/2021

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 on account of arrest and pre-trial detention of the applicants in the absence of evidence to support a reasonable suspicion that they committed an offence (Article 5, paragraph 1) and lack of a hearing in examining the prolongation of detention on remand (Article 5 § 4);

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)673 );

Considering that the question of individual measures was resolved, given that all applicants have been released from detention; decisions of non-prosecution or acquittal have been issued in respect of the applicants in the cases of Mergen and Others, Ayşe Yüksel and others, and Erarslan and others; and c riminal proceedings are pending in respect of the applicants in the cases of Alpergin and others, and İşçi and others on the basis of evidence submitted at a later stage in criminal proceedings ;

Recalling that the Committee closed the examination of the Karaosmanoğlu and Özden group of cases concerning lack of a hearing in examining the prolongation of detention on remand (see Final Resolution CM/ResDH(2017)91 );

Recalling further that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Nedim Sener group of cases and that the closure of this group of cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to unlawful detention in the absence of relevant or sufficient evidence;

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 as regards the individual measures and

DECIDES to close the examination thereof.