Resolution CM/ ResDH (2021)108

Execution of the judgments of the European Court of Human Rights

Five cases against Turkey

(Adopted by the Committee of Ministers on 9 June 2021 at the 1406 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

76960/11

KERVANCI

08/12/2020

08/12/2020

56816/10

BOZAN

29/09/2020

29/09/2020

42153/11

RAMAZAN TAÅž

07/07/2020

07/07/2020

65808/10

ZÃœLKÃœF MURAT KAHRAMAN

16/07/2019

16/10/2019

45540/09

SEYFETTÄ°N DEMÄ°R

19/05/2020

19/05/2020

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 and the violations found on account of the fact that the applicants were sentenced for membership of an illegal organisation under Articles 220 §§ 6 or 7 of the Criminal Code as a result of having peacefully exercised their right to freedom of assembly and freedom of expression (violations of Articles 10 and 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 invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligations;

Having examined the information provided by the government indicating the individual 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)360 );

Considering that the question of individual measures was resolved, given that the applicants ’ convictions have been quashed and their criminal records have been erased;

Recalling 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 Isikirik group of cases (41226/09) 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.