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THIRTY FIVE CASES AGAINST TURKEY

Doc ref: 11804/02, 41136/98, 36115/97, 35979/97, 36965/97, 74411/01, 13007/02, 21283/02, 3921/02, 11838/02, 5... • ECHR ID: 001-85974

Document date: March 27, 2008

  • Inbound citations: 71
  • Cited paragraphs: 7
  • Outbound citations: 0

THIRTY FIVE CASES AGAINST TURKEY

Doc ref: 11804/02, 41136/98, 36115/97, 35979/97, 36965/97, 74411/01, 13007/02, 21283/02, 3921/02, 11838/02, 5... • ECHR ID: 001-85974

Document date: March 27, 2008

Cited paragraphs only

Resolution CM/ResDH(2008)29 [1]

Execution of the judgments of the European Court of Human Rights

Ayaz and others and 34 other cases against Turkey

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 unlawfulness of detention and lack of an effective remedy in this regard (violation of Articles 5§§1 and 4), the excessive length of detention in police custody (violation of Article 5§3) and the absence of a right to compensation (violation of Article 5§5) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Turkey ' s 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 set, the respondent state paid the applicants 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 exercised 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)29

Information about the measures taken to comply with the judgments in the cases of Ayaz and others and 34 other cases against Turkey

Introductory case summary

These cases concern the unlawful detention of the applicants in police custody (violation of Article 5§1), and/or the applicants ' prolonged detention in police custody (violations of Article 5§3) and/or the lack of an effective remedy by which the applicants might have the lawfulness of their continued detention in police custody decided promptly by a court (violations of Article 5§4), the failure of domestic courts to examine the applicant ' s request for release from detention on remand speedily (violation of Article 5§4), and/or the absence of a right to compensation in this regard ( violations of Article 5§5).

I. P ayments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

in EUROS

Ayaz Cevdet and others 11804/02

20 000

3 000

23 000

P aid on 15/02/2006

Kılıçoğlu Haydar

41136/98

3 250

620

3 870

P aid on 18/04/2006

Sarikaya Mehmet Nesih

36115/97

7 500

2 000

9 500

P aid on 22/10/04

Korkmaz Safter and others 35979/97

12 500

1 250

13 750

P aid on 23/08/2006

I.O. 36965/97

3 500

620

4 120

P aid on 19/12/2005

DaÅŸ 74411/01

500

1 000

1 500

P aid on 05/05/2006

Åžahin Ibrahim

13007/02

5 000

1 000

6 000

P aid on 30/04/07

Davut Aslan

21283/02

No just satisfaction

Çetinkaya Fahriye and Çağlayan

3921/02

2 000

1 500

3 500

P aid on 19/07/2007

Veske Ahmet

11838/02

2 000

2 000

P aid on 03/08/2007

Name and application number

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

in EUROS

Özçelik Osman

56497/00

1 500

1 500

3 000

P aid on 03/08/2007

P ütün Ali Sahin

31734/96

3 500

574,96

4 074,96

P aid on 06/06/2006

I.B. 30497/96

4 500

1 500

6 000

P aid on 26/05/2006

H.E. 30498/96

5 000

1 500

6500P aid on 15/06/2006

Işık Mehmet Hanefi 35064/97

No just satisfaction

Mehmet Ertuğrul Yılmaz and other

41676/98

9 000

870

9 870

P aid on 01/11/2006

D.A. and B.Y.

45736/99

3 000

1 370

4 370

P aid on 31/01/2007

BulduÅŸ Mahmut

64741/01

2 000

1 000

3 000

P aid on 21/06/2006

Sar Hayrettin and others

74347/01

3 000

1 500

4 500

P aid on 31/05/2007

AtaoÄŸlu Maaruf

77111/01

2 000

500

2 500

P aid on 18/04/2006

Ahmet Mete

77649/01

1 000

1 500

2 500

P aid on 19/10/2006

Okay Mursel

6283/02

2 500

1 800

4 300

P aid on 21/06/2007

Çoban Kuçuk Hasan

48069/99

1 500

870

2 370

P aid on 21/07/2006

Süleyman Erdem

49574/99

3 000

1 250

4 250

P aid on 07/03/2007

Bazancır Yasar

56002/00

No just satisfaction

Çağırıcı Omer

74325/01

1 500

1 000

2 500

P aid on 22/12/2006

Tunç Fatma

16608/02

2 500

1 500

4 000

P aid on 18/04/2006

Name and application number

P ecuniary damage

Non-pecuniary damage

Costs and expenses

Total

in EUROS

Sevk Murat

4528/02

3 900

1 500

5 400

P aid on 10/10/2006

Berk Ferhat

77366/01

1 500

1 000

2 500

P aid on 24/01/2007

Mehmet Mubarek Küçük 7035/02

1 500

500

2 000

P aid on 18/04/2006

Bora Huseyin and others

39081/97

14 000

1 370

15 370

P aid without delay [2]

Çelik Feridun and Yıldız

51479/99

5 000

500

5 500

P aid on 10/05/2006

Tanrıkulu Sinan

29918/96

17 000

8 400

25 400

P aid on 04/04/2006

Avcı Zeynep

37021/97

10 000

2 162

12 162

P aid on 13/07/2007

Rüzgar Zeki

59246/00

2 000

1 000

3 000

P aid on 01/11/2006

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 his arrest (Article 5§3): legislative reform began in 2001, see 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) Unlawfulness of continued detention in police custody and lack of an effective remedy by which to have the lawfulness of continued detention decided promptly by a court (Articles 5§§1 and 4) : 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) Failure to examine the lawfulness of the applicant ' s detention on remand rapidly (Article 5§4) : Article 105 of the new Code of Criminal P rocedure provides that requests for release from detention on remand shall be decided within three days after the request. This decision is subject to appeal.

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 27 March 2008 at the 1020th meeting of the Ministers’ Deputies

[2] P ayment deadline on 10/07/2006.

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