Resolution CM/ ResDH (2019)283 Execution of the judgments of the European Court of Human Rights Four cases against Turkey

(Adopted by the Committee of Ministers on 23 October 2019 at the 1358 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

49232/12

ERBEK

19/06/2018

19/06/2018

11395/08

EREN AND OTHERS

11/12/2018

11/12/2018

2118/10

TALU

19/06/2018

19/06/2018

33683/08

TAÅžPINAR

11/12/2018

11/12/2018

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 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(2019)653 );

Recalling that the Committee closed the examination of similar cases concerning, inter alia , the non-appearance of the applicants before a court, in proceedings challenging the lawfulness of their detention (Article 5, paragraph 4); the non-communication of the public prosecutor’s opinion to the applicant or his representative in the context of such review proceedings ( Article 5, paragraph 4); the right to compensation for unlawful detention (Article 5, paragraph 5) (see Final Resolutions CM/ ResDH (2017)91 concerning the Karaosmanoglu and Ozden case and CM/ ResDH (2016)332 concerning the Demirel group of cases);

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.