Resolution CM/ ResDH (2009)104 [1]

Execution of the judgments of the European Court of Human Rights

Salgın , Ataman, Çalışkan Hasan et autres , Abdullah Yılmaz against Turkey

(Application Nos 46748/99 (judgment of 27/02/2007, final on 20/05/2007), 46252/99 (judgment of 27/04/2006, final on 27/07/2006), 13094/02 (judgment of 27/05/2008, final on 27/08/2008), 21899/02 (judgment of 17/06/2008, final on 17/09/2008)

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 protect the right to life of the sons of the applicants, who committed suicide while performing military service in 1997 ( Salgın ), 1998 (Ataman), 1999 (Abdullah Yılmaz ) and 2000 ( Çalışkan Hasan ) (violations of article 2 in both substantive and procedural aspects) (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, 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 (2009)104

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

Salgın , Ataman, Çalışkan Hasan et autres , Abdullah Yılmaz against Turkey

Introductory case summary

These cases concern the Turkish authorities ’ failure in their obligation to protect the right to life of the applicants ’ sons, who killed themselves while performing military service. In the Ataman case, the European court considered that although psychological problems suffered by the applicant ’ s son were confirmed in a medical report while he was in the army, the authorities did not take the measures needed to protect his right to life (violation of Article 2 in its substantial aspect). The Court also found that Turkey had failed in its obligation to carry out an adequate and effective investigation of the circumstances surrounding the death of the applicant ’ s late son (violation of Article 2 in its procedural aspect). In the Abdullah Yılmaz case , the Court examined the complaints under Article 2 of the Convention under its substantive and procedural limbs together and considered first , that the authorities could not be regarded as having done everything in their power to protect the victim and secondly, that the internal proceedings did not make it possible to clarify in a satisfactory manner the circumstances of the suicide of the applicant ’ s son. In the Salgιn case, the Court did not find that the circumstances of the death of the applicant ’ s son raised questions regarding the respondent state ’ s responsibility under the substantial aspect of Article 2, but shortcomings revealed in the investigation of the death led the Court to find that there had been a procedural violation of that Article. The same is true of the Calışkan Hasan case.

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

Ataman (46252/99)

-

20 000 EUR

27 000 EUR

Paid on 19/10/2006

Salgın (46748/99)

-

12 500 EUR

3 057 EUR (less

630 EUR advanced

In legal aid)

14 927 EUR

Paid on 20/08/2007

Calışkan Hasan (13094/02)

-

13 000 EUR

2 500 EUR

15 500 EUR

Paid on 21/11/2008

Abdullah Yılmaz

(21899/02)

3 000 EUR

12 000EUR

408 EUR

15 408 EUR

Paid on 17/12/2008

b) Individual measures

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

II. General measures

General measures were taken in the Abdurrahman Kılıç case (CM/ ResDH (2007)99). The Turkish authorities draw attention to measures taken since 1995, in particular the regulatory framework concerning the conditions regarding aptitude to perform military service, the supervision of conditions during military service and the duties of the officers responsible for supervising any irregular situation involving conscripts declared suitable for military service.

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