Resolution CM /ResDH(2007)121 [1]

Execution of the judgment of the European Court of Human Rights

Keles against Germany

(Application No. 32231/02 , judgment of 27 October 2005, final on 27 January 2006)

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 violation of the Convention found by the Court in this case concerns the right to respect for the family life of the applicant, a second-generation Turkish immigrant, on account an administrative decision given on 22 January 1999 expelling him to Turkey and excluding him indefinitely from German territory (violation of Article 8) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Germany ' 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;

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgment, 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 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(2007)121

Information about the measures to comply with the judgment in the case of

Keles against Germany

Introductory case summary

This case concerns a violation of the right to respect for the family life of the applicant, a Turkish national, on account an administrative decision given on 22 January 1999 expelling him to Turkey and excluding him indefinitely from German territory. The European Court found that the administrative authorities had failed to take sufficient account of the following points: he had lived in Germany since he was 10 and had been lawfully residing in Germany for 27 years; he had been married in Germany and was the father of four children and he had not committed serious offences (violation of Article 8).

I. P ayment of just satisfaction and individual measures

a) Details of just satisfaction

The applicant submitted no claim for just satisfaction.

b) Individual measures

In a letter of 28 March 2006 the authorities informed the applicant ' s legal representative that a term to the expulsion order had been set. The applicant may thus apply for a visa to return to Germany .

II. General measures

This case presents similarities to that of Yilmaz against Germany (application No. 52853/99, Resolution CM/ResDH (2007)125).The judgment of the European Court was sent out by letter of the Government Agent of 14 November 2005 to the domestic courts and justice authorities concerned, i.e. the Federal Ministry of the Interior and the Ministry of Justice of Baden-Württemberg, the Federal Government Commissioner for Migration, Refugees and Integration and the Federal Constitutional Court.

All judgments of the European Court against Germany are publicly available via the website of the Federal Ministry of Justice ( www.bmj.de , Themen: Menschenrechte , EGMR) which provides a direct link to the European Court ' s website for judgments in German www.coe.int/T/D/Menschenrechtsgerichtshof/Dokumente_auf_Deutsch/ ). As the violation found does not appear to reveal a structural problem, no other general measures are deemed necessary.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that Germany has thus complied with its obligations under Article 46, paragraph 1, of the Convention.

[1] Adopted by the Committee of Ministers on 31 October 2007 at the 1007th meeting of the Ministers’ Deputies