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CASE OF KANAL AGAINST TURKEY AND 9 OTHER CASES

Doc ref: 55303/12;43185/11;18356/11;10491/12;45721/09;25774/09;72781/12;28009/10;40448/06;81277/12 • ECHR ID: 001-205889

Document date: October 1, 2020

  • Inbound citations: 31
  • Cited paragraphs: 1
  • Outbound citations: 0

CASE OF KANAL AGAINST TURKEY AND 9 OTHER CASES

Doc ref: 55303/12;43185/11;18356/11;10491/12;45721/09;25774/09;72781/12;28009/10;40448/06;81277/12 • ECHR ID: 001-205889

Document date: October 1, 2020

Cited paragraphs only

Resolution CM/ Res DH ( 2020 ) 194

Execution of the judgments of the European Court of Human Rights

10 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

55303/12

KANAL

15/01/2019

15/04/2019

43185/11

ELVAN ALKAN AND OTHERS

23/10/2018

23/01/2019

18356/11

ERYİĞİT

10/04/2018

10/07/2018

10491/12

Ä°BRAHÄ°M KESKÄ°N

27/03/2018

10/09/2018

45721/09

SÃœLEYMAN EGE

25/06/2013

04/11/2013

25774/09

ZAFER ÖZTÜRK

21/07/2015

14/12/2015

72781/12

YÄ°RDEM AND OTHERS

04/09/2018

04/12/2018

28009/10

BÄ°LÄ°NMÄ°Åž

23/10/2018

23/01/2019

40448/06

AYDOÄžDU

30/08/2016

30/11/2016

81277/12

SAYAN

11/10/2016

11/01/2017

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 established mainly on account of medical negligence and lack of effective investigation in this respect (Article s 2, 8 and 13);

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 action report 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)86 );

Recalling that the question of general measures required in response to the shortcomings found by the Court in the se judgments continues to be examined within the framework of the Oyal group of cases (No. 4864/05) and that the closure of the cases listed above therefore in no way prejudges the Committee’s continuing 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.

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