Resolution CM/ Res DH ( 2020 ) 206

Execution of the judgments of the European Court of Human Rights

Three 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

58210/08

YAVAS

18/09/2012

18/12/2012

38176/08

GULKANAT

09/07/2019

05/10/2019

41824/05

MUSTAFA TASTAN

26/06/2012

26/09/2012

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 regarding prohibition of torture and ill-treatment, as well as ineffectiveness of investigations and criminal prosecutions in relation to ill-treatment allegedly inflicted by the police in 1998 (violations of Article 3) ;

Noting that the substantive violations in these cases have mainly been supervised by the Committee of Ministers under the Aksoy group (see Final Resolution CM/ResDH(2019)51 );

Recalling further that in the case of Yavas the Court further found a violation on account of the length of criminal proceedings and that general measures in this respect have been examined by the Committee within the framework of the Ormancı and Others group of cases (see 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)291 ) and noted with deep regret, in the light of this information, that no further individual measures are possible, or required 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 and ineffectiveness of investigations in respect of allegations of excessive use of force while dispersing peaceful demonstrations continues to be examined within the framework of the Batı group concerning the ineffectiveness of investigations group () 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.