Resolution CM/ ResDH (2010)71 [1]

Execution of the judgments of the European Court of Human Rights

Ömer Aydın , Beker and Yürekli against Turkey

(Application Nos. 34813/02 (judgment of 25/11/2008, final on 25/02/2009), 27866/03 (judgment of 24/03/2009, final on 24/06/2009), 48913/99 (judgment of 17/07/2008, final on 17/10/2008)

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 authorities ’ failure in their obligation to secure the right to life of the applicants ’ son who killed themselves (Ömer Aydın and Beker) or seriously injured themselves (Yürekli) during their military service in 2001 (Ömer Aydın and Beker) and in 1997 (Yürekli).

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, within the time-limit set, 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 (2010)71

Information on the measures taken to comply with the judgments in the cases of

Ömer Aydın , Beker and Yürekli against Turkey

Introductory case summary

These cases concern the failure of the authorities in their obligation to protect the right to life of the applicants ’ son or relatives, who committed suicide or injured themselves seriously when performing their military service. In case of Ömer Aydın , the Court did not consider that circumstances surrounding the suicide of the applicant ’ s son could engage the responsibility of the respondent state under the material limb of Article 2. On the other hand, the shortcomings in the investigation into the death drove the Court to find a procedural violation of Article 2 of the Convention. Likewise in the case of Yürekli , in which the applicant had had a fall of thirteen meters and had injured himself seriously during his military service, the Court found a procedural violation of Article 2 because of the grave deficiencies in the conduct of the investigations into this incident. In case of Beker , the Court examined the complaint under Article 2 of the Convention under its material and procedural limbs and considered that the competent authorities could not be said to have done everything in their power to protect the victim and that the internal investigation did not satisfactorily clarify the circumstances of the death of the applicant ’ s son.

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

Ömer Aydın (34813/02)

-

2 500 EUR

-

2 500 EUR

Paid on 22/05/2009

Beker (27866/03)

16 500 EUR

35 000 EUR

2 000 EUR

Paid on 23/09/2009

Yürekli (48913/99)

-

3 000 EUR

-

3 000 EUR

Paid on 09/01/2009

b) Individual measures

Individual measures are linked to general measures in these cases (see Resolution CM/ ResDH (2007)99 in the case Abdurrahman Kılıç ( 40145/98)).

II. General measures

The general measures have been taken in the context of Abdurrahman Kılınç case ( CM/ ResDH (2007)99).

III. Conclusions of the respondent state

The government considers that the 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 3 June 2010 at the 1086th meeting of the Ministers’ Deputies