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CASE OF TALU AGAINST TURKEY AND 9 OTHER CASES

Doc ref: 63465/12;23497/05;13471/05;17089/03;17095/03;346/04;32131/08;39656/03;40877/07;48176/99 • ECHR ID: 001-204885

Document date: September 9, 2020

  • Inbound citations: 77
  • Cited paragraphs: 1
  • Outbound citations: 0

CASE OF TALU AGAINST TURKEY AND 9 OTHER CASES

Doc ref: 63465/12;23497/05;13471/05;17089/03;17095/03;346/04;32131/08;39656/03;40877/07;48176/99 • ECHR ID: 001-204885

Document date: September 9, 2020

Cited paragraphs only

Resolution CM/ ResDH (2020)174

Execution of the judgments of the European Court of Human Rights

10 cases against Turkey

(Adopted by the Committee of Ministers on 9 September 2020 at the 1381 st meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

63465/12

TALU

27/11/2018

27/11/2018

23497/05

ERDENER

02/02/2016

02/05/2016

13471/05+

MENGÄ°

27/11/2012

27/02/2013

17089/03

SORGUÇ

23/06/2009

23/09/2009

17095/03

CIHAN ÖZTÜRK

09/06/2009

09/09/2009

346/04+

MUSTAFA ERDOÄžAN AND OTHERS

27/05/2014

27/08/2014

32131/08+

TUSALP

21/02/2012

21/05/2012

39656/03

ERDOÄžAN AYHAN

13/01/2009

13/04/2009

40877/07

HASAN YAZICI

15/04/2014

15/07/2014

48176/99

TURHAN

19/05/2005

19/08/2005

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 of the right to freedom of expression on account of unjustified and disproportionate convictions in civil defamation proceedings (violations of Article 10);

Recalling that the case of Hasan Yaz ıcı also concerns the excessive length of judicial proceedings (violation of Article 6, paragraph1) (this issue was examined under 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 action report provided by the government indicating the individual 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(2019)1276 );

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 Pakdemirli (35839/97), Dilipak and Karakaya (7942/05 and 24838/05) and Saygili and Others (19353/03) cases; that moreover the former two cases also require individual measures; and that the closure of the cases listed above therefore in no way prejudges the Committee ’ s continuing evaluation of the 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 thereof.

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