Resolution ResDH(2005)16

concerning the judgments of the European Court of Human Rights of 28 October 2003 (Friendly settlements) in two cases against Turkey (see Appendix) relating to the excessive length of detention in police custody and the absence of judicial remedy to challenge the lawfulness of that detention

(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 judgments of the European Court of Human Rights in the two cases listed in the Appendix to this Resolution, which were delivered on 28 October 2003 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 on 23 July 1997 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 detention in police custody and to the absence of judicial remedy to challenge the lawfulness of that detention;

Whereas in its judgments of 28 October 2003 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 these 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 of this kind complaints, particularly 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 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)16

Details of the sums agreed to in the friendly settlements

Case

Application No.

Date of judgment

Total sum

Payment on

Köroğlu

39446/98

28 October 2003

7 000 euros

18/12/2003

Kovankaya

39447/98

28 October 2003

6 500 euros

18/12/2003