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AVCI (CABAT) AND OTHERS AND 11 OTHER CASES AGAINST TURKEY

Doc ref: 77191/01, 28299/02, 74318/01, 50086/99, 74408/01, 38128/02, 71844/01, 5337/02, 11564/02, 50945/99, 5... • ECHR ID: 001-95499

Document date: September 30, 2009

Inbound citations: 21
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Cited paragraphs: 0
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AVCI (CABAT) AND OTHERS AND 11 OTHER CASES AGAINST TURKEY

Doc ref: 77191/01, 28299/02, 74318/01, 50086/99, 74408/01, 38128/02, 71844/01, 5337/02, 11564/02, 50945/99, 5... • ECHR ID: 001-95499

Document date: September 30, 2009

Cited paragraphs only

Resolution CM/ ResDH (2009)96 [1]

Execution of the judgments of the European Court of Human Rights

Avcı ( Cabat ) and others and 11 other cases against Turkey

(See Appendix for details of the cases)

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 fact that the applicants were not informed promptly of the reasons for their arrest (violation of Article 5§2), and/or their prolonged detention in police custody (violation of Article 5§3), and/or the lack of an effective remedy (violation of Article 5§4), and/or the absence of a right to compensation in this regard (violation of Article 5§5) (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 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 (2009)96

Information about the measures to comply with the judgments of the European Court of Human Rights

Avcı ( Cabat ) and others and 11 other cases against Turkey

Introductory case summary

These cases mainly relate to the apllicants ’ prolonged detention in police custody (violations of Article 5§3) and/or the lack of an effective remedy by which the applicants might have challenged the lawfulness of their continued detention in police custody (violations of Article 5§4), and/or the absence of a right to compensation in this respect (violations of Article 5§5).

The case of Tanrıkulu Sinan and others (5086/99) also concerns the fact that the applicants were not informed promptly of the reasons of their arrest (Violation of Article 5§2).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Avcı ( Cabat ) and others 77191/01

EUR 5000

EUR 2000

EUR 7000

Paid on 13/07/2007

Atmaca and others 28299/02 +

No just satisfaction awarded.

Sadak Resul and others 74318/01

EUR 19800

EUR 1000

EUR 20800

Paid on 22/02/2008

Tanrıkulu Sinan and others 50086/99

EUR 8000

EUR 1000

EUR 9000

Paid on 1/11/2007

Süer and others 74408/01

EUR 6000

Paid on 27/3/2008

Tangün and others 38128/02

EUR 6000

EUR 1000

EUR 7000

Paid on 07/10/2007

Dilsiz and others 71844/01

EUR 6000

EUR 650

EUR 6650

Paid on 18/11/2008

Bilen Mehmet 5337/02

EUR 3500

Paid on 19/9/2008

Hacı Zeki Uzun 11564/02

EUR 1000

Paid on 22/08/2008

Kılıçoğlu and others 50945/99

EUR 33500

Paid on 09/07/2008

Anyığ and others 51176/99

EUR 17500

EUR 1500

EUR 19000

Paid on 19/9/2006 and 11/3/2009

Åžahin Mehmet and others 5881/02

EUR 10000

EUR 650

EUR 10650

Paid on 20/03/2009

b) Individual measures

The applicants are no longer detained in police custody.

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 Sakik and others (Final Resolution ResDH (2002)110) and Ayaz and others (Final Resolution CM/ ResDH (2008)29)).

It seems that the situation criticised by the European Court in Tanrıkulu Sinan and others case regarding the violation of Article 5 § 2 of the Convention is an isolated one. The judgment of the European Court in this case was translated and transmitted to the relevant authorities.

In view of these circumstances, no need for further specific general measures arise in these cases.

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 30 September 2009 at the 1065 th meeting of the Ministers’ Deputies

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