Resolution CM/ ResDH (2009)29 [1]

Execution of the judgments of the European Court of Human Rights

TuÅŸ and others and 4 other cases against Turkey

(See details in Appendix)

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 detention in police custody (violations of Article 5, paragraph 3), lack of an effective remedy (violations of Article 5, paragraph 4) and absence of a right to compensation in this regard (violations of Article 5, paragraph 5) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with Turkey’s 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)29

Information about the measures to comply with the judgments in the cases of

TuÅŸ and others and 4 other cases against Turkey

Introductory case summary

These cases concern the excessive length of the applicants’ detention in police custody (violations of Article 5§3 in all cases); the lack of an effective remedy (violations of Article 5§4 in the cases of Saraçoğlu and Others, Yakut and Others, Yiğit and Others) and the absence of a right to compensation in this regard ( violations of Article 5§5 in the cases of Saraçoğlu and Others and Yiğit and Others ).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Date of judgment

Final on

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Paid on

TuÅŸ and others 7144/02

19/10/2007

5 000 EUR

285 EUR

15/01/2008

Çelepkolu

41975/98

27/11/2007

27/02/2008

2 500 EUR

12/05/2008

Saraçoğu and others

4489/02

29/02/2008

11 100 EUR

22/05/2008

Yakut and others 61856/00

27/11/2007

27/02/2008

7 000 EUR

12/05/2008

YiÄŸit and others

4218/02

20/11/2007

20/02/2008

9 000 EUR

1 000 EUR

06/05/2008

b) Individual measures

No individual measure is necessary as the applicants are no longer detained in police custody.

II. General measures

1) Failure to bring the applicants promptly before a judge after their arrest: legislative reform began in 2001, see the case of Sakık and others against Turkey (Final Resolution ResDH (2002)110). Article 91 of the Turkish Code of Criminal P rocedure, in force since 01/06/2005, now provides a right to detainees to see a judge within 24 hours in ordinary cases and 3 days in exceptional cases, the decision to extend to be taken by the prosecutor and open to an appeal to the court.

2) Lack of an effective remedy by which to have the lawfulness of continued detention decided promptly by a court : Article 91 of the Turkish Code of Criminal P rocedure of 1/06/2005 provides a sufficient remedy, which increases the safeguards previously existing in Turkish law (see Final Resolution in the case of Sakık ).

3) Lack of a right to compensation: see Final Resolution adopted in the case of Sakık for the measures adopted.

III. Conclusions of the respondent state

The government considers that the measures taken will prevent new, 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 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies