Resolution CM/ ResDH (2011)169 [1]

Execution of the judgment of the European Court of Human Rights

Bahçeci and Turan against Turkey

(Application No. 33340/03, judgment of 16/06/2009, final on 16/9/2009)

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 interference with the applicants ’ freedom of expression (violation of Article 10) (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 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 a p plicant the just satisfaction provided in the judgment (see details in Appendix),

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

- of 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 this case and

DECIDES to clos e the examination of this case.

Appendix to Resolution CM/ ResDH (2011)169

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

Bahçeci and Turan against Turkey

Introductory case summary

The case concerns unjustified interference with the applicants ’ freedom of expression as a result of their conviction in April 2003 under Article 169 of the former Criminal Code for “facilitating the activities of [a gang or an armed organisation]” by sending text messages supporting the PKK and Abdullah Öcalan unsolicited by the recipients.

The European Court considered that this interference was disproportionate and not necessary in a democratic society (violation of Article 10).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

----

1 500 EUR

1 000 EUR

2 500 EUR

Paid on 16/6/2009

b) Individual measures

The phrase “facilitating the activities of [a gang or an armed organisation]” was deleted in Article 169 of the Criminal Code by a modification of made in July 2003. The applicants ’ criminal records were erased following this modification. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

Law No: 4963 adopted on 30 July 2003 and published in the Official Gazette of 7 August 2003 partially amended Article 169 of the Criminal Code by providing for the deletion of the phrase “facilitating the activities of [a gang or an armed organisation]”. The new Criminal Code which came into force in June 2005 does not contains no similar provision.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violation found by the Court in this case, 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