Search
document

CASE OF SERTKAYA AND NINE OTHER CASES AGAINST TURKEY

Doc ref: 77113/01;35073/97;40530/98;69124/01;75694/01;497/02;4415/02;8147/02;18342/02;39863/02 • ECHR ID: 001-89183

Document date: October 8, 2008

Inbound citations: 28
•
Cited paragraphs: 6
•
Outbound citations: 0

CASE OF SERTKAYA AND NINE OTHER CASES AGAINST TURKEY

Doc ref: 77113/01;35073/97;40530/98;69124/01;75694/01;497/02;4415/02;8147/02;18342/02;39863/02 • ECHR ID: 001-89183

Document date: October 8, 2008

Cited paragraphs only

Resolution CM/ ResDH (2008) 83 [1]

Execution of the judgments of the European Court of Human Rights

Sertkaya and 9 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 P rotection 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 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, 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 to that effect (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 (2008)83

Information about the measures taken to comply with the judgments in the cases of Sertkaya and 9 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).

I. P ayments of just satisfaction and individual measures

a) Details for each case

Name and application number

Date of judgment

Final on

P ecuniary damage

Non-pecuniary damage

Costs and expenses

P aid on

77113/01 Sertkaya

22/06/2006

22/09/2006

3 420 EUR

1 500 EUR

08/12/2006

35073/97 Başlık and others

20/04/2006

20/07/2006

No just satisfaction

40530/98 AydoÄŸan

22/12/2005

22/03/2006

6 000 EUR

21/06/2006

69124/01 Hikmedin Yildiz

19/10/2006

19/01/2007

3 500 EUR

1 000 EUR

19/04/2007

75694/01 Kondu

23/01/2007

23/04/2007

4 000 EUR pecuniary + non-pecuniary damage

1 000 EUR

20/07/2007

497/02 Çitikbel

04/10/2005

04/01/2006

3 000 EUR

1 000 EUR

31/03/2006

4415/02 Osman

19/12/2006

19/03/2007

4 500 EUR

1 000 EUR

19/06/2007

8147/02 Sakçi

16/01/2007

16/04/2007

No just satisfaction

18342/02 Özkan and Adibelli

09/01/2007

09/04/2007

7 200 EUR

1 500 EUR

02/07/2007

39863/02 Yavuz and Osman

19/12/2006

19/03/2007

No just satisfaction

b) Individual measures

The proceedings are ended in all 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).

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 8 October 2008 at the 1035th meeting of the Ministers’ Deputies

LEXI

Lexploria AI Legal Assistant