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CASE OF BAYAR AND GÜRBÜZ AGAINST TURKEY AND 21 OTHER CASES

Doc ref: 37569/06, 16624/12, 39690/06, 40559/06, 48815/06, 2512/07, 55197/07, 55199/07, 55201/07, 55202/07, 3... • ECHR ID: 001-199705

Document date: December 5, 2019

Inbound citations: 57
•
Cited paragraphs: 3
•
Outbound citations: 0

CASE OF BAYAR AND GÜRBÜZ AGAINST TURKEY AND 21 OTHER CASES

Doc ref: 37569/06, 16624/12, 39690/06, 40559/06, 48815/06, 2512/07, 55197/07, 55199/07, 55201/07, 55202/07, 3... • ECHR ID: 001-199705

Document date: December 5, 2019

Cited paragraphs only

Resolution CM/ ResDH (2019)330 Execution of the judgments of the European Court of Human Rights 22 cases against Turkey

(Adopted by the Committee of Ministers on 5 December 2019 at the 1362 nd meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

37569/06

BAYAR AND GÃœRBÃœZ

27/11/2012

27/05/2013

16624/12

AYDEMÄ°R AND KARAVÄ°L

09/10/2018

39690/06

BAYAR No. 1

25/03/2014

25/06/2014

40559/06

BAYAR No. 2

25/03/2014

25/06/2014

48815/06

BAYAR No. 3

25/03/2014

25/06/2014

2512/07

BAYAR No. 4

25/03/2014

25/06/2014

55197/07

BAYAR No. 5

25/03/2014

25/06/2014

55199/07

BAYAR No. 6

25/03/2014

25/06/2014

55201/07

BAYAR No. 7

25/03/2014

25/06/2014

55202/07

BAYAR No. 8

25/03/2014

25/06/2014

33037/07

BAYAR AND GÃœRBÃœZ (No. 2)

03/02/2015

03/05/2015

10758/09

BELEK AND ÖZKURT

13/02/2018

28470/08

BELEK AND ÖZKURT (No. 2)

17/06/2014

17/09/2014

28516/08

BELEK AND ÖZKURT (No. 3)

17/06/2014

17/09/2014

4323/09

BELEK AND ÖZKURT (No. 4)

17/06/2014

17/09/2014

4327/09

BELEK AND ÖZKURT (No. 5)

17/06/2014

17/09/2014

4375/09

BELEK AND ÖZKURT (No. 6)

17/06/2014

17/09/2014

10752/09

BELEK AND ÖZKURT (No. 7)

17/06/2014

17/09/2014

25834/09

ÇELİK

04/09/2018

25764/09+

YALÇINKAYA AND OTHERS

01/10/2013

09/02/2016

01/01/2014

09/02/2016

55828/08

AYDOÄžAN

27/02/2018

51497/09

MÜSLÜM YALÇINKAYA AND OTHERS

16/01/2018

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;

Recalling that the violations of the Convention found by the Court in these cases primarily concern the violation of the right to access to court on account of inadmissibility of the applicant ’ s appeal on points of law on grounds that level of fine was below statutory minimum for appeal (violations of Article 6); other violations concern:

- the applicants ’ convictions under Anti-Terrorism Law for having expressed opinions that did not incite hatred or violence (violations of Article 10) (this issue is being examined under the Öner and Türk (51962/12) group of cases) ;

- lack of adequate reasoning in domestic court decisions in the case of Yalcinkaya and Others (25764/09) (violation of Article 6) (this issue is being examined under the Asan (28582/02) case);

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, in particular the amendment to Article 272, paragraph 3, of the new Code on Criminal Procedure (No. 5271), and also the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH- DH-DD(2019)1323 );

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

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