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CASE OF KUYU AND 6 OTHER CASES AGAINST TURKEY

Doc ref: 1180/04;13467/05;15179/02;21213/03;22920/04;23707/02;23327/05 • ECHR ID: 001-106960

Document date: September 14, 2011

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CASE OF KUYU AND 6 OTHER CASES AGAINST TURKEY

Doc ref: 1180/04;13467/05;15179/02;21213/03;22920/04;23707/02;23327/05 • ECHR ID: 001-106960

Document date: September 14, 2011

Cited paragraphs only

Resolution CM/ ResDH (2011)165 [1]

Execution of the judgments of the European Court of Human Rights

in seven cases against Turkey concerning the excessive length of criminal proceedings before state security courts

(See Appendix for details of the cases)

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in this case concern the excessive length of criminal proceedings before state security courts (violations of Article 6§1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken to comply with its obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

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 a p plicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, 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;

Recalling that in its Final Resolution CM/ ResDH (2008)83 of 08/10/2008 the Committee of Ministers decided to close the examination of 10 similar cases;

DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2011)165

Information on the measures taken to comply with the judgments in seven cases against Turkey concerning the excessive length of criminal proceedings before state security courts

Introductory case summary

The cases concern the excessive length of criminal proceedings before state security courts (violation of Article 6§1).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Kuyu (1180/04)

4000 EUR

1000 EUR

5000 EUR

Paid on 04/11/2009

Singar (13467/05)

12000 EUR

Paid on 19/03/2010

Koç and Yürek (15179/02)

6000 EUR

Paid on 20/01/2010

Yılmaz Bozkurt (21213/03)

10000 EUR

500 EUR

10500 EUR

Paid on 02/12/2009

Yusuf Büyükdağ (22920/04)

8000 EUR

1000 EUR

9000 EUR

Paid on 30/04/2010

Yürük (23707/02)

3600 EUR

Paid on 30/04/2010

Bilget (23327/05)

7000 EUR

500 EUR

7500 EUR

Paid on 04/01/2010

b) Individual measures

The proceedings are closed. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The cases present similarities to other cases of excessive length of criminal proceedings before state security courts such as that of Sertkaya and others against Turkey , which was closed by Final Resolution CM/ ResDH (2008) 83 following the adoption of general measures by the Turkish authorities, in particular following the abolition of state security courts.

III. Conclusions of the respondent state

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 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies

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