Resolution CM/ ResDH (2019) 147 Execution of the judgment s of the European Court of Human Rights Two cases against Turkey

(Adopted by the Committee of Ministers on 6 June 2019 at the 1348 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

29411/07

SÖYLER

17/09/2013

20/01/2014

9540/07

MURAT VURAL

21/10/2014

21/01/2015

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;

Recalling that the question of the general measures required in response to the violation of Article 10 found by the Court in the Murat Vural case continues to be examined under the Özçelebi case ;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Recalling that, in the present judgments, the Court found that the automatic loss by persons sentenced to imprisonment for intentional criminal offences, of the right to vote for the entire duration of the sentence period, even when the person was not in fact in detention on account of suspension of sentence or early release, including conditional release, was incompatible with Article 3 of Protocol No. 1 to the Convention;

Having examined the action report provided by the government indicating the measures adopted in order 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)92 );

Having noted that the applicants’ sentences ended in 2012 and 2018 and they are now eligible to vote;

Welcoming the decisions of the Supreme Election Board and the Constitutional Court, which have ensured that only those actually serving prison sentences for intentional offences are now excluded from voting ;

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.