Resolution CM/ Res DH ( 2020 ) 352

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

Eight 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

52941/99

GÃœLTEKIN AND OTHERS

31/05/2005

31/08/2005

48063/99

ORHAN ASLAN

20/10/2005

20/01/2006

27526/95

GÃœNAYDIN

13/10/2005

15/02/2006

43925/98

KARAKAŞ AND YEŞİLIRMAK

28/06/2005

28/09/2005

42579/98

MURAT DEMÄ°R

02/03/2006

02/06/2006

39813/98

SONER ÖNDER

12/07/2005

12/10/2005

40986/98

SONER AND OTHERS

27/04/2006

27/07/2006

42594/98

UÇKAN

22/06/2006

22/09/2006

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 violation s of the prohibition of torture, including ineffectiveness of investigations and lack of a remedy in relation to torture and ill-treatment allegedly inflicted by law enforcement officers between 1991 and 1997 (violations of Article 3 and 13); and a violation of the right to a fair trial before an independent and impartial tribunal on account of the presence of a military judge on the bench of State Security Courts (violation of Article 6) ;

Noting that the substantive violations in these cases stemming from torture and other forms of ill-treatment by law enforcement officials have mainly been supervised by the Committee of Ministers under the Aksoy group (see Final Resolution CM/ ResDH (2019)51 ) ;

Recalling that m easures in relation to the presence of a military judge on the bench of State Security Courts were taken within the framework of the Çıraklar case (see Final Resolution DH(99)555 ) and the Gençel group (Final Resolution CM/ ResDH (2013)256 );

Recalling that m easures in relation to excessive length of proceedings were taken within the framework of the Ormancı and Others group of cases (Final Resolution CM/ ResDH (2014)298 );

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 as regards the individual measures in these cases (see document DH-DD(2020)1080 ) and noted with deep regret, in the light of this information, 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 ineffectiveness of investigations group ( Batı group) 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.