Resolution CM/ ResDH (2008) 97 [1]

Execution of the judgment of the European Court of Human Rights

KarataÅŸ and BoÄŸa and 2 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 final judgments transmitted the same day by the Court to the Committee;

Recalling that the applicants ’ admissible complaints in these cases concerned the actions of security forces (see details in Appendix);

Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its P rotocols decided, unanimously, to strike these cases out of its list and took note of the parties ’ undertaking not to request a re-hearing of the cases before the Grand Chamber;

Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the P resident forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention 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 agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sums provided in the friendly settlement and that no other measure was required in these cases to comply with the Court ’ s judgment;

Having noted that the Committee of Ministers is examining the general measures adopted by Turkey and outstanding issues in the context of the cases concerning the action of the security forces (see Interim Resolution ResDH (2005)43);

Having examined the information supplied by the government of Turkey ,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and

DECIDES to close their examination.

Appendix to Resolution CM/ ResDH (2008)97

Information about the measures taken to comply with the judgments in the cases of KarataÅŸ and BoÄŸa and 2 other cases against Turkey

Introductory case summary

The applicants ’ admissible complaints in these cases concern their alleged ill-treatment of the applicants by police during their arrest and police custody (Article 3) (in the case of Karata ş and Boğa ); the alleged destruction of the applicant ’ s house and removal of his property by security forces in the state of emergency region (Articles 3, 5, 6, 8, 13 and 14 of the Convention and Article1 of P rotocol No. 1) (in the case of Şevket İş çi ); the death of the applicants ’ relative and the burning of their house (Articles 2, 8, 13 of the Convention and Article 1 of P rotocol No. 1) (in the case of Çardakçi and others).

I. P ayment of just satisfaction and individual measures

a) Details of payments

Name and application No.

Date of judgment

Final on

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

P aid on

Karata ÅŸ and Bo ÄŸ a/

24669/94

17/10/2000

17/10/2000

85 000 French Francs

10/11/2000

Ş evket İş çi / 31849/96

25/09/2001

25/09/2001

15 000 P ounds Sterling

26/12/2000

Çardakç ı and others / 39224/98

23/01/2007

23/01/2007

20 000 EUR

03/04/2007

b) Individual measures

The government paid the applicants the sums within the time-limit agreed to under the terms of the friendly settlement and no other measures are required in these cases to comply with the Court ’ s judgment.

II. General measures

No other undertakings are required under the terms of the friendly settlement reached by the parties.

[1] Adopted by the Committee of Ministers on 8 October 2008 at the 1035th meeting of the Ministers’ Deputies