Resolution CM/ ResDH (2010)208 [1]

Execution of the judgment of the European Court of Human Rights

Selim Sadak against Turkey

(Application No. 25142/94 , judgment of 08/04/04)

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 applicant ’ s extended detention in police custody (violation of Article 5§3) (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 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 this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2010)208

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

Selim Sadak against Turkey

Introductory case summary

The case concerns the applicant ’ s excessive length of detention in police custody for 11 days (violation of Article 5§3).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

4000 EUR

3000 EUR

7000 EUR

Paid on 23/07/2004

b) Individual measures

The applicant is no longer detained in police custody. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

Following constitutional and legislative reforms, the law related to police custody were 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 and 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 2010 at the 1100th meeting of the Ministers’ Deputies