Resolution CM/ ResDH (2011)166 [1]

Execution of the judgments of the European Court of Human Rights

in six cases against Turkey mainly concerning the excessive length of detention in police custody

(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 these cases concern the excessive length of detention in police custody (violations of Article 5§3), and/or the lack of an effective remedy (violations of Article 5§4), and/or the absence of a right to compensation in this respect (violations of Article 5§5) (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;

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)166

Information on the measures taken to comply with the judgments in six cases against Turkey mainly concerning the excessive length of detention in police custody

Introductory case summary

These cases mainly relate to the excessive length of police custody (violations of Article 5§3) and/or the lack of an effective remedy by which the applicants might have challenged the lawfulness of their continued detention in police custody (violations of Article 5§4), and/or the absence of a right to compensation in this respect (violations of Article 5§5).

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

Abi and others (18387/02 )

81 000 EUR

7 000 EUR

-

88 000 EUR

Paid on 27/04/2010

Dün (17727/02)

-

500 EUR

-

500 EUR

Paid on 22/02/2010

Alpdemir (17251/03)

No just satisfaction was awarded.

Kabul and others (9362/04)

-

20 000 EUR

-

20 000 EUR

Paid on 03/05/2010

Oral and Atabay (39686/02

-

1 000 EUR

-

1 000 EUR

Paid on 04/01/2010

Aytan and Ömer Polat (43526/02

-

4 000 EUR

EUR 1 000

5 000 EUR

Paid on 15/12/2009

b) Individual measures

The applicants are no longer detained in police custody. Consequently, no other individual measure was considered necessary.

II. General measures

Following constitutional and legislative reforms, the law related to police custody was brought into conformity with the requirements of Article 5 of the Convention (see Sakık and others (Final Resolution ResDH (2002)110) and Ayaz and others (Final Resolution CM/ ResDH (2008)29)).

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