Resolution ResDH(2005)15

concerning the judgments of the European Court of Human Rights of 26 November 2002, 23 September 2003 and 17 February 2004 (Friendly settlements) in four cases against Turkey (see Appendix) relating to the applicants ' excessive length of detention in police custody

(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 judgments of the European Court of Human Rights in the four cases listed in the Appendix to this Resolution, which were d elivered on 26 November 2002, 23 September 2003 and 17 February 2004 and transmitted the same days 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 between 14 April 1997 and 4 June 1998 under former Article 25 of the Co n vention by twelve 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 detention in police custody;

Whereas in its judgments of 26 November 2002, 23 September 2003 and 17 February 2004 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 Protocols, 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), within three months as from the notification of the judgments;

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 the dates indicated in the appendix, 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 provided for in the friendly settlements and that no other measures were 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 complaints, notably through the amendments of the legislation governing police custody (see Resolution ResDH(2002) 1 1 0 in the case of Sakık and others);

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 ResDH(2005)15

Details of the sums agreed to in the friendly settlements

Case

Application No.

Date of judgment

Total sum

Payment on

Temel and others

36203/97

23 September 2003

31 200 euros

16/12/2003

Kuray

36971/97

26 November 2002

5 250 euros

26/02/2003

BektaÅŸ

41000/98

23 September 2003

3 000 euros

18/12/2003

Kaya and Güven

41540/98

17 February 2004

12 000 euros

17/05/2004