Resolution CM/ Res DH ( 2020 ) 353

Execution of the judgment of the European Court of Human Rights

Emen 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

25585/02

EMEN

26/01/2010

26/04/2010

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 judgment transmitted by the Court to the Committee in this case and to the violation arising from a violation of the applicant’s right to a fair hearing on account of his conviction on the basis of witness statements taken and evidence gathered in the absence of the applicant and in the course of other criminal proceedings ( violation of Article 6 , paragraphs 1 and 3d);

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 measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)1030 );

Recalling that the question of general measures required in response to the shortcomings found by the Court in th is case continues to be examined within the framework of the Orhan Çaçan (26437/04) case, that the admissibility of evidence in an overall context is examined under the case of Ömer Güner (28338/07) and that the closure of this case 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 this case as regards the individual measures and

DECIDES to close the examination of this case.