Resolution CM/ Res DH ( 2020 ) 341

Execution of the judgment s of the European Court of Human Rights

Three cases against Turkey

(Adopted by the Committee of Ministers on 8 December 2020

at the 1391 st meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

37203/05

KAHYAOÄžLU AND OTHERS

31/05/2016

31/08/2016

43545/09

MAHMUT SEZER

23/09/2014

01/03/2016

23/09/2014

01/03/2016

24883/07

HALİL GÖÇMEN

12/11/2013

14/10/2014

12/02/2014

14/01/2015

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 the authorities’ unjustified interference with the applicants’ right to property (violations of Article 1 of Protocol No.1);

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 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 documents DH-DD(2019)911 );

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 Sarıca and Dilaver and Hakan Arı groups 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.