Resolution CM/ ResDH (2011)164 [1]

Execution of the judgments of the European Court of Human Rights

in Ahmet Koç and two other cases against Turkey mainly concerning the excessive length of criminal proceedings in particular before the martial law courts

(see details in Appendix)

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 mainly concern the excessive length of criminal proceedings in particular before martial law courts (violation of Article 6§1) ;

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)164

Information on the measures taken to comply with the judgments in Ahmet Koç and two other cases against Turkey

Introductory case summary

The cases concern the excessive length of criminal proceedings in particular before martial law courts and also partly before ordinary criminal courts (violation of Article 6§1). The proceedings began in the 1980s and ended in the 1990s (in Koç and Aslan) and beginning of 2000s (in the Demirören case).

The Koç case also concerns the lack of independence and impartiality of the Ankara Martial Law Court on account of the presence of two military judges and an army officer sitting on the bench (violation of Article 6§1).

Lastly, the Aslan case concerns the absence of any remedy in Turkish law by which the applicant might have complained of the excessive length of proceedings (violation of Article 13).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Final on

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Ahmet Koç (32580/96)

22/09/2004

-

12 000 EUR

2 000 EUR

Paid on 21/12/2004

Mahmut Aslan (74507/01)

02/01/2008

9 500 EUR

500 EUR

1 000 EUR

Paid on 28/3/2008

Demirören (583/03)

02/09/2009

No just satisfaction was awarded.

b) Individual measures

Ahmet Koç case: Following the trial the applicant was sentenced to five years ’ imprisonment and was debarred from public service for three years. The applicant suffers no consequences of the violation, as the proceedings have been ended and the applicant was permitted to return to his post at the Ankara Municipality in December 1996.

Demirören and Mahmut Aslan cases: Th e proceedings against the applicants have been ended.

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

II. General measures

These cases present similarities to the case of Åžahiner and others against Turkey , which was closed by Final Resolution ResDH (2002 ) 86 following the adoption of general measures by the Turkish authorities, in particular the abolition of the jurisdiction of martial law courts by the Law of 27 December 1993.

As far as the absence of a remedy against excessive length of proceedings are concerned, the Committee of Ministers is examining this issue in the context of Ormancı group of cases (43647/98).

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in these cases, that these measures 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