Resolution CM/ ResDH (2019) 355 Execution of the judgment s of the European Court of Human Rights Five cases against Turkey

(Adopted by the Committee of Ministers on 11 December 2019 at the 1 363 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

37546/08

AKSOY

30/01/2018

30/01/2018

43641/05+

AYDIN AND OTHERS

16/01/2018

16/01/2018

42728/08

BABAYİĞİT

04/09/2018

04/09/2018

7886/08

ÇABUK

16/01/2018

16/01/2018

43587/07

ÖZTOP AND OTHERS

20/03/2018

20/03/2018

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 on account of unjustified and disproportionate disciplinary sanctions imposed on prisoners for having expressed peaceful opinions ( violations of Article 10) ;

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)1321 ) ;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the se cases continues to be examined within the framework of the Adiyaman group of cases (24211/08); 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 the cases listed above as regards the individual measures and;

DECIDES to close the examination thereof.