Resolution CM/ ResDH (2011)275 [1]

Execution of the judgment of the European Court of Human Rights

Islamic Republic of Iran Shipping Lines against Turkey

(Application No. 40998/98, judgment of 13/12/2007, final on 13/03/2008 )

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the unjustified seizure of a ship and its cargo for over a year on suspicion of arms smuggling (violation of Article 1 of Protocol No. 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee ’ s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violation by the Court requires, over and above the payment of just satisfaction awarded in the judgment, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing, similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2011)275

Information about the measures to comply with the judgment in the case of

Islamic Republic of Iran Shipping Lines against Turkey

The case concerns the seizure in October 1991 of a ship flying the Cypriot flag as well as its cargo on suspicion of arms smuggling. The ship was chartered by the applicant, an Iranian shipping company.

The European Court noted that in December 1991, following an investigation into the matter, the Turkish Ministry of Foreign Affairs confirmed that the cargo transported by the applicant belonged to Iran and that its seizure could not be justified by national security concerns. The European Court therefore considered that there was no justification for impounding the vessel until December 1992, when the ship and its cargo were restored. It also took the view that the refusal of national courts to compensate the applicant company for the damage sustained imposed a disproportionate burden upon it (violation of Article 1 of Protocol No. 1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

35 000 EUR

------

35 000 EUR

Paid on 19/06/2008

b) Individual measures

The vessel and its cargo were released and the European Court noted that the applicant received pecuniary damages in subsequent arbitration proceedings (§ 115 of the judgment).

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The European Court ’ s judgment was translated into Turkish, sent out to the high courts and relevant authorities, and published on the official web site of the Turkish Ministry of Justice ( www.inhak-bb. a dalet.gov.tr ). The Turkish authorities considered that the problem revealed by this judgment was an isolated one and that the publication and dissemination of the Court ’ s judgment would therefore be sufficient to prevent similar violations in the future. Therefore, no further general measures appear necessary.

The government considers that no individual measure is required apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers’ Deputies