Resolution ResDH(2005)39 concerning the judgments of the European Court of Human Rights of 10 July 2001 (Friendly settlements) in two cases against Turkey (see Appendix) relating to the excessive length of detention in police custody, the absence of judicial remedy to challenge the lawfulness of that detention and to the impossibility of claiming compensation in respect of the excessive length of the detention

(Adopted by the Committee of Ministers on 25 April 2005 at the 922nd 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 as amended by P rotocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgments of the European Court of Human Rights in the two cases listed in the Appendix to this Resolution, which were delivered on 10 July 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that these cases originated in applications (see Appendix) against Turkey , lodged with the European Commission of Human Rights respectively on 24 May 1996 and on 3 July 1995 under former Article 25 of the Co n vention by two 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 to the excessive length of their detention in police custody, to the absence of judicial remedy to challenge the lawfulness of that detention and to the impossibility of claiming compensation in respect of the excessive length of the detention;

Whereas in its judgments of 10 July 2001 concerning these cases the Court, after 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 above-mentioned friendly settlements it was agreed that the Government of Turkey would pay the applicants certain sums (see Appendix), from the notification of the judgments of the European Court;

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 the Government of the respondent state had paid the applicants the sums provided for in the friendly settlements and that no other measure was required in the present cases to conform to the Court ' s judgment;

Recalling that, as regards the applicants ' complaints declared admissible in these cases, measures had already been taken to prevent possible violations of the Convention arising from this kind of complaint, in particular through the amendments of the legislation governing police custody (see Resolution ResDH(2002)110 in the case of Sakık and others);

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 those cases.

Appendix to Resolution ResDH(2005)39

Details of the sums agreed to in the friendly settlements

Case

Global sum

P ayment on

Çakmak Ne şet

31882/96

45 000 French francs

09/10/2001

Ye ÅŸ iltepe Mehmet

28011/95

37 000 French francs

05/10/2001