Resolution ResDH(2006) 20 concerning the judgment of the European Court of Human Rights of 12 April 2001 (Friendly settlement) in the case of Akın against Turkey

(Adopted by the Committee of Ministers on 12 April 2006, at the 960th 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 judgment of the European Court of Human Rights in the Akın case delivered on 12 April 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 34688/97) against Turkey , lodged with the European Commission of Human Rights on 21 August 1996 under former Article 25 of the Co n vention by Mr Abdullah Akın , a Turkish national, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the complaint related to the length of his detention in police custody for 11 days without being brought before a judge or other officer authorised by law to exercise judicial power;

Whereas in its judgment of 12 April 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having found no reason of public policy justifying the continuation of the proceedings, decided, unanimously to strike the 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 above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicant, the sum of 30 000 French francs in respect of pecuniary and non-pecuniary damage as well as costs and expenses, as soon as the judgment is notified;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides 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 on 25 September 2004, the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement, and that no other measure was required in the present case to conform to the Court ' s judgment,

Declares, after having examined the information supplied by the Government of Turkey , that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.