Resolution ResDH(2004)96

concerning the judgment of the European Court of Human Rights of 20 June 2002 (final on 20 September 2002) in the case of Ä°ÄŸdeli 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 Ä°ÄŸdeli case delivered on 20 June 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. 29296/95) against Turkey , lodged with the European Commission of Human Rights on 26 October 1 995 under former Article 25 of the Co n vention by Mr Yüksel İğdeli , 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 related to the excessive length of the applicant ' s detention in police custody and the absence of judicial remedy to challenge the lawfulness of his detention;

Whereas in its judgment of 20 June 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 the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, 1 830 euros in respect of non-pecuniary damage; 1 500 euros in respect of costs and expenses, to be converted into Turkish lira at the rate applicable on the date of settlement, and that simple interest at an annual rate of 4.26% would be payable on those sums 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 20 June 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, in particular through the amendment of the legislation governing detention in police custody (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 1 8 December 2002, 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 20 June 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.