Resolution CM/ ResDH (2009)100 [1]

Execution of the judgment of the European Court of Human Rights

Metin Turan against Turkey

(Application No. 20868/02, judgment of 14 November 2006, final on 14 February 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 transmitted by the Court to the Committee once it had become final;

Recalling that the violations of the Convention found by the Court in this case concern the breach of the applicant ’ s right to freedom of association due to his transfer to another region by decision of a state of emergency governor on account of his trade union activities (violation of Article 11) and the lack of effective remedy in this respect (violation of Article 13) (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 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 exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2009)100

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

Metin Turan against Turkey

Introductory case summary

The case concerns the violation of the applicant ’ s right to freedom of association due to his transfer to another region by decision of a state of emergency governor on account of the applicant ’ s trade union activities (violation of Article 11) and the lack of effective remedy in this respect (violation of Article 13).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

...

2500 EUR

2317 EUR

4817 EUR

Paid on 14 May 2007

b) Individual measures

On 18/09/2007, the Turkish authorities submitted information on the applicant ’ s situation: After his transfer by the governor, the applicant chose to be stationed in another region. He worked there until his resignation in 2002. Throughout that time, he continued his trade-union activities.

II. General measures

Legislative Decree No. 285 declaring the state of emergency was cancelled in November 2002. Since the decree is no longer in force, current legislation provides sufficient safeguards to all individuals for grievances under the Convention (See Final Resolution CM/ ResDH (2007)97) .

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