Resolution CM/ResDH(2008) 59 [1]

Execution of the judgment of the European Court of Human Rights

Djavit An against Turkey

(Application No. 20652/92, judgment of 20 February 2003, final on 9 July 2003)

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 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 peaceful assembly due to the refusals of the Turkish authorities to authorise him to cross the “green line” to take part in meetings between the two communities and the absence of an effective remedy in this respect (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 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, within the time-limit set, 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 this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2008)59

Information about the measures taken to comply with the judgment in the case of Djavit An against Turkey

Introductory case summary

This case concerns a breach of the right to freedom of peaceful assembly on account of refusals by competent authorities to allow the applicant, who is the “Turkish Cypriot coordinator” of the “Movement for an Independent and Federal Cyprus ”, to cross the “green line” and participate in bi-communal meetings between 08/03/1992 and 14/04/1998. The European Court concluded that this interference was not prescribed by law and thus was in breach of Article 11. The Court further found that the applicant had not had access to an 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

-

15 000 EUR

4 715 EUR

19 715 EUR

Paid on 04/09/2003

b) Individual measures

The Turkish authorities indicated that the applicant is no longer prevented from going to the southern part of Cyprus to take part in meetings between the two communities or other peaceful meetings. A list has been provided showing that the applicant crossed the “green line” from the north to the south and back several times a month during the period 27/04/2003-31/05/2004.

II. General measures

1) Breach of the right to freedom of assembly

The Turkish authorities provided copies of several decisions of the “Council of Ministers of the TRNC”, adopted following the judgment of the European Court in the present case, in order to provide a legal basis regulating the crossing of the “green line” in both directions (decisions Nos. E-762-2003, E ‑ 770 ‑ 2003, E ‑ 851 ‑ 2003, T-816-2004, T-818-2004, T-819-2004). Under the terms of decision No. E ‑ 762 ‑ 2003 the crossing from the north to the south is carried out after presentation of an identity card or a passport and the computerised record of the passage of persons and vehicles. Each person may carry personal effects. According to the amendments to the provisions of items 1 of letters A and B of this decision, introduced in May and June 2004, children under 11 are no longer obliged to present identity cards to cross in either direction (decisions N os. T-816-2004 and T-820-2004) . Moreover, the provisions requiring passage on a day-trip basis with the return before midnight (letter A, i.5 and letter B, i.5a of the decision No. E-762-2003 and Article 5 of the decision No.T-818-2004) were repealed by a decision of the “Council of Ministers of the TRNC” No. T ‑ 820 ‑ 2004.

2) Lack of an effective remedy

The Turkish authorities indicated that the existence of a right of effective remedy against illegal interference in the possibility of crossing the "green line" was now established. In this respect they referred to a judgment of 16/05/03 in the case No. YIM 103/98 in which the “High Administrative Court” decided in circumstances similar to those of the present case (the applicants in that case wished to fly to London in March 1998, to participate in a bi-communal meeting) to cancel the authorities ' refusal to authorise their departure. The “ High Administrative Court ” considered that such a refusal violated the fundamental rights of these persons and was contrary to domestic law. The delegation added that following this judgment the persons in question may lodge an application for compensation with a district court. In addition, the Turkish authorities specified that this precedent case would make it possible for the " High Administrative Court " to decide on similar complaints in future in due time. Finally, the authorities indicated that since the opening of the checkpoints between the northern and the southern parts of the island in April 2003, no similar complaint has been lodged with the " High Administrative Court ".

3) Publication and dissemination

The judgment of the European Court was published in Turkish translation in the Lefkoşa Bar Journal , No. 12 of December 2004. By letter of 01/06/2005 the “Ministry of Foreign Affairs of the TRNC” asked the “Ministry of the Interior” to send the European Court ' s judgment out to the authorities competent to control the crossing in both directions.

III. Conclusions of the respondent state

The government considers that the measures taken have fully remedied the consequences for the applicant of the violations of the Convention found by the European Court in this case, that these measures 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 25 June 2008 at the 1028th meeting of the Ministers’ Deputies