Resolution CM/ ResDH(2007)20 concerning the judgments of the European Court of Human Rights delivered between 11 July 2002 and 2 October 2003 (Friendly settlements) in 6 cases against Turkey (see Appendix) relating to freedom of expression

(Adopted by the Committee of Ministers on 28 February 2007, at the 987th meeting of the Ministers ' Deputies)

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 (hereinafter referred to as “the Convention”),

Having regard to the final judgments of the European Court of Human Rights in the cases listed in the Appendix to this Resolution, which were delivered between 11 July 2002 and 2 October 2003 and transmitted at the same dates to the Committee of Ministers under Article 46 of the Convention;

Recalling that these cases originated in applications (see Appendix) against Turkey , lodged between 2 November 1994 and 20 May 1997 by Turkish nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaints related, in particular, to infringements of the applicants ' right to freedom of expression on account of their prosecution under Article 8 of the P revention of Terrorism Act;

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

Whereas under the friendly settlements it was agreed that the Government of Turkey would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;

Whereas under the friendly settlements the Government of Turkey :

- noted that the Court ' s rulings against Turkey in cases involving prosecutions under Article 8 of the P revention of Terrorism Act relating to freedom of expression showed that Turkish law and practice urgently needed to be brought into line with the Convention ' s requirements under Article 10 and that this was also reflected in the interferences complained of;

- undertook to implement all necessary reform of domestic law and practice in this area, as already outlined in the National P rogramme of 24 March 2001;

- also referred to the individual measures set out in the Interim Resolution adopted by the Committee of Ministers on 23 July 2001 (ResDH (2001)106), which they would apply to the circumstances of cases such as these;

Recalling that the Rules of the Court provide that the striking-out of a case which has been declared admissible shall be effected by means of a judgment which the P resident shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicants the sums agreed in the friendly settlements;

Recalling that in its Interim Resolution (2004)38 of 2 June 2004 the Committee of Ministers decided that its examination of those cases involving applicants convicted on the basis of former Article 8 of the Anti-terrorism Law would be closed upon confirmation that the necessary individual measures had been taken;

Having examined the information provided by Turkey concerning the individual and general measures taken in order to conform to the undertakings subscribed in these judgments (see Appendix);

Declares , after having examined the information supplied by the Government of Turkey , that the Committee of Ministers has exe r cised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases.

Appendix to Resolution CM/ ResDH(2007)20

Introductory case summary

These cases all relate in particular to alleged unjustified interferences with the applicants ' freedom of expression, on account of their conviction by State Security Courts, under former Article 8 of Anti-Terrorism Law, following public speeches or the publication of articles, drawings and books (complaints under Article 10 and 6, paragraph 1).

I. P ayment of just satisfaction and individual measures

a) Details of sums agreed to in the friendly settlements

Case

Application No.

Date of judgment

Sum

Date of payment

Özler

25753/94

11/07/02

7 000 €

09/10/02

Bayrak

27307/95

03/09/02

11 000 €

17/10/02

Caralan

27529/95

25/09/03

9 500 €

16/12/03

Zarakolu Aysenur No. 1

37059/97

02/10/03

5 000 €

30/12/03

Zarakolu Aysenur No. 2

37061/97

02/10/03

5 000 €

30/12/03

Zarakolu Aysenur No. 3

37062/97

02/10/03

5 000 €

30/12/03

b) Individual measures

As regards the undertaking to erase the consequences of the violations for the applicants, the government underlines that:

- Following the abrogation of Article 8 of the Anti-Terrorism Law No. 3713 on 19 July 2003 by the Law No. 4928 , any information on criminal records was erased ex officio by the General Directorate of Judicial Records and Statistics of Ministry of Justice (in conformity with Article 8 of the Law on Criminal Records, as amended by Law No. 4778 of 2 January /2003);

- As a result of the abrogation of Article 8 of Anti-terrorism Law and of the erasure of the applicants ' convictions from their criminal records, the restrictions on applicants ' civil and political rights are also automatically lifted;

- Furthermore, e rasure of convictions , including all their consequences, is possible, under certain conditions, in cases related to freedom of expression in general, following the entry into force on 10 February 2003 of Law No. 4809 on suspension of proceedings and sentences concerning crimes committed through the press.

II. General measures

Complaints under Article 10 of the Convention relating to convictions under former Article 8 of the Law against Terrorism

The provision at the origin of the applicants ' convictions in all these cases was abrogated on 19 July 2003 by the Law No. 4928, in the framework of an extensive programme of reforms aimed at bringing Turkish law in conformity with the Convention ' s requirements concerning freedom of expression (see Interim Resolution ResDH(2004)38, for a more comprehensive overview of the general measures adopted or still under way as regards all relevant provis ions on freedom of expression).