Resolution CM/ ResDH (2010) 116 [1]

Execution of the judgment of the European Court of Human Rights

Tunceli Kültür ve Dayanışma Derneği against Turkey

(Application No. 61353/00, judgment of 10/10/2006, final on 12/02/2007)

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 in this case, 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 dissolution of a cultural association by the authorities on the ground of statements (made or authorised by the association ’ s board of management) considered to be contrary to its social objective (violation of Article 11) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention 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 applicant 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 exercised 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)116

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

Tunceli Kültür ve Dayanışma Derneği against Turkey

Introductory case summary

The case concerns the violation of freedom of association of the applicant, a cultural association, in that in 2000 the chairperson and a member of the association ’ s board of management were sentenced to a year ’ s imprisonment for having made or authorised statements of a political nature, the tenor of which was contrary to the association ’ s social aim. The association was dissolved under Article 76§1 of the Associations Act No. 2908 which was in force at the material time.

The European Court noted that the Turkish courts had considered that only the individuals prosecuted, and not the association itself, were criminally responsible under the law. Nevertheless, in convicting the directors, the Turkish courts had also dissolved the association, even though it had not been a party to the criminal proceedings brought against the directors. In those circumstances, the Court considered that the dissolution could not reasonably answer a “pressing social need” and that it had not therefore been “necessary in a democratic society” (violation of Article 11).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

-

3 110 EUR

3 110 EUR

Paid on 14/05/2007

b) Individual measures

The applicant party may apply for registration in accordance with the provisions of the new Law on Associations (Law No. 5253) which came into force on 23/11/2004. The Turkish authorities informed the Committee that the applicant had made no request for registration. Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

The Associations Act No. 2908 at the origin of the violation was repealed and replaced by the new Law No. 5253, which contains no provision similar to former Article 76§1 mentioned above. According to the provisions of the new law, the criminal conviction of members of an association for having carried out activities against the social aim of their association does not amount to the dissolution of the latter.

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 15 September 2010 at the 1092nd meeting of the Ministers’ Deputies