Resolution CM /ResDH(2007)71 [1]

Execution of the judgment of the European Court of Human Rights

Erdemli against Turkey

(Application No. 29495/95, judgment of 30 October 2001 - Friendly settlement)

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 referred to as “the Convention” and “the Court”),

Having regard to the judgment in this transmitted by the Court to the Committee once it had become final;

Recalling that the applicant ' s complaint admissible in this case concerns the fact that he was deprived of his right to a fair trail in that he had not been assisted by a lawyer during his questioning by the police, the public prosecutor and the magistrate;

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

Whereas under the friendly settlement it was agreed that the government of the respondent state would pay the applicant 35 000 French francs, within three months as from the notification of the judgment;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a final judgment which the P resident forwards to the Committee of Ministers so that, in accordance with Article 46, paragraph 2, of the Convention, it may supervise 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 mea s ures taken in order 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 on 9 January 2002 within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided in the friendly settlement and that no other measure was required in the present case to conform to the Court ' s judgment;

DECLARES that it has exe r cised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and DECIDES to close the examination of this case.

[1] Adopted by the Committee of Ministers on 20 April 2007 at the 992nd meeting of the Ministers’ Deputies