CASE OF CEM AGAINST TURKEY
Doc ref: 4819/02;9464/02;31320/02 • ECHR ID: 001-95509
Document date: September 30, 2009
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Resolution CM/ ResDH (2009)99 [1]
Execution of the judgments of the European Court of Human Rights
Çem and 4 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 excessive length of criminal proceedings before state security courts (violation of Article 6§1) (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)99
Information on the measures taken to comply with the judgments in the cases of
Çem and 4 other cases against Turkey
Introductory case summary
These cases concern the excessive length of criminal proceedings before state security courts (violation of Article 6§1).
The Tendik and others case (23188/02) also concerns the lack of a domestic remedy in this respect (violation of Article 13).
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
4819/02
Çem
-
EUR 5000
-
5000 EUR
Paid on 4/06/2008
9464/02
Bakay
-
EUR 3500
-
3500 EUR Paid on 11/06/2008
31941/03
Öz and Nas
-
EUR 16800
EUR 100
16900 EUR Paid on 04/06/2008
23188/02
Tendik and others
-
EUR 10000
EUR 2000
12000 EUR
Paid on 15/6/2006
31320/02
Mehmet ReÅŸit Arslan
No just satisfaction was awarded.
b) Individual measures
The proceedings are closed in all these cases.
II. General measures
State security courts were abolished following the constitutional amendments of May 2004 (Article No. 143 Constitution). The jurisdiction of these courts was transferred to the Assize Courts by virtue of Law No. 5190 concerning the modification of the Code of Criminal P rocedure and abolition of state security courts (Article 394/a). (See Final Resolution CM/ ResDH (2008)83 ).
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