Resolution ResDH(2005)14

concerning the judgment of the European Court of Human Rights of 5 February 2002 (Friendly settlement) in the case of Yolcu 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 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 judgment of the European Court of Human Rights in the Yolcu case delivered on

5 February 2002 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. 34684/97) against Turkey , lodged with the European Commission of Human Rights on 19 December 1996 under former Article 25 of the Co n vention by

Mr Vahdettin Yolcu , a Turkish national, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the applicant ' s complaints relating to the excessive length of detention in police custody and to the violation of his right to a fair trial in that he was not permitted the assistance of a lawyer during questioning;

Whereas in its judgment of 5 February 2002 the Court, after having taken formal note of a 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 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 applicant the sum of 40 000 French francs within three months as from the notification 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 2 May 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 for in the friendly settlement ;

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, in particular 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.