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
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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
Loading citations...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.