Resolution CM/ Res DH ( 2020 ) 207

Execution of the judgments of the European Court of Human Rights

Four cases against Turkey

(Adopted by the Committee of Ministers on 1 October 2020

at the 1383 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

46117/99

TASKIN AND OTHERS

10/11/2004

30/03/2005

46771/99

ÖÇKAN AND OTHERS

28/03/2006

13/09/2006

17381/02

LEMKE

05/06/2007

05/09/2007

23453/06

KUMBARACIBAÅžI

12/12/2017

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 arising from the failure of the national authorities to comply with administrative court decisions annulling various permits required for the operation of a gold mine ( Taşkın and Others, Lemke, Öçkan and Others cases) and revoking the construction permit of a building ( Kumbaracıbaşı case) (violations of Article 6 in all cases and also of Article 8 in the cases concerning the gold mine);

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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)337 ); having moreover noted in the light of this information, that no further individual measures are required in the Kumbaracıbaşı case and that individual measures in the Taşkın and Others, Lemke, Öçkan and Others cases are linked to the general measures ;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continue to be examined within the framework of the Genç and Demirgan , Okyay and Others, Bursa Barosu Başkanlığı and Others cases; and that their closure therefore in no way prejudges the Committee’s evaluation of the general measures required to ensure compliance with administrative court decisions in cases concerning the environment ;

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.