Resolution ResDH(2004)95

concerning the judgment of the European Court of Human Rights of 1 0 October 2002 (final on 1 0 January 2003) in the case of Gündoğan against Turkey

(Adopted by the Committee of Ministers on 22 December 2004 at the 906th 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. 1 1 (hereinafter referred to as “the Convention”),

Having regard to the judgment of the European Court of Human Rights in the Gündoğan case delivered on 1 0 October 2002 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 3 1 877/96) against Turkey , lodged with the European Commission of Human Rights on 1 6 April 1 996 under former Article 25 of the Co n vention by Mr Halil Gündoğan , a Turkish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 1 1 , declared admissible the complaints relating to the excessive length of detention in police custody, the absence of judicial remedy to challenge the lawfulness of the detention and the impossibility for the applicant of claiming compensation in respect of the excessive length of the detention;

Whereas in its judgment of 10 October 2002 the Court unanimously:

- held that there had been a violation of Article 5, paragraph 3, of the Convention;

- held that there had been a violation of Article 5, paragraph 4, of the Convention;

- held that there had been a violation of Article 5, paragraph 5, of the Convention;

- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 2 750 euros in respect of non-pecuniary damage; 1 500 euros in respect of costs and expenses plus any amount accruing in respect of Value Added Tax or any other tax due at the time of payment, less 630 euros received in legal aid and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicant ' s claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the mea s ures which had been taken in consequence of the judgment of 1 0 October 2002, having regard to Turkey ' s obligation under Article 46, paragraph 1 , of the Conve n tion to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as those found in this case, notably through the amendments of the legislation governing detention in police custody and compensation for illegal detention (see Resolution ResDH(2002) 1 1 0 in the Sakık and others case), and indicated that the Court ' s judgment had been sent out to the authorities directly concerned;

Having satisfied itself that on 26 February 2003, within the time-limit set, the government of the respondent state had paid the a p plicant the sums provided for in the judgment of 1 0 October 2002,

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.