Resolution ResDH(2005)11

concerning the judgment of the European Court of Human Rights of 28 October 2003 (Friendly settlement) in the case of Karatay against Turkey

(Adopted by the Committee of Ministers on 23 February 2005 at the 914th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Karatay case delivered on 28 October 2003 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. 36596/97) against Turkey , lodged with the European Commission of Human Rights on 30 December 1996 under former Article 25 of the Co n vention by

Mr Mehmet Emin Karatay and Mr Åžeyhmus P oyraz , two Turkish nationals, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the first applicant ' s complaint relating to the excessive length of his detention in police custody without judicial review;

Whereas in its judgment of 28 October 2003 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the first applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, 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 first applicant the sum of 4 000 euros, within three months as from the delivery of the judgment;

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 President 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 12 March 2004, after expiry of the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the first applicant the sum provided for in the friendly settlement , included defaut interest;

Recalling that, as regards the applicant ' s complaint declared admissible in this case, measures had already been taken to prevent possible violations of the Convention arising from this kind of complaint, notably through the amendments of the legislation governing police custody (see Resolution DH(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 this case.