Resolution ResDH(2004) 87

concerning the judgment of the European Court of Human Rights of 5 April 2000 (Friendly settlement) in the case of Denmark against Turkey

(Adopted by the Commi ttee of Ministers on 9 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 final judgment of the European Court of Human Rights in the case of Denmark against Turkey delivered 5 April 2000 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. 34382/97) against Turkey , lodged with the European Commission of Human Rights by Denmark on 7 January 1 997 under former Article 24 of the Co n vention , and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 1 1 , declared admissible the compla int relating to the alleged ill- treatment suffered by Mr. Kemal Koç, a Danish national, during his detention in Turkey from 8 to 1 6 August 1 996;

Whereas, in its judgment of 5 April 2000, the Court, after having taken formal note of a friendly settl ement reached by the applicant government and the respondent g overnment, 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 said friendly settlement the Government of Turkey and the Government of Denmark stated as follows:

“ 1 . In order to settle the first part of t he application, the respondent g overnment has agreed to pay to the applicant Government an amount ex gratia of 450, 000 Danish kroner which includes legal expenses connected with the case.

2. The applicant g overnment notes with satisfaction the enclosed declaration of the respondent g overnment, which constitutes an integral part of the friendly settlement [this declaration appears in paragraph 2 1 of the judgment].

3. In the light of the first p art of the case, the applicant g overnment appreciates the acknowledgement and regr et expressed by the respondent g overnment concerning occasional and individual cases of torture and ill-treatment in Turkey .

4. The applicant g overnment welcomes the steps taken by Turkey in order to combat ill-treatment and torture since the filing of the application on 7 January 1 997.

5. The applicant government and the respondent g overnment agree that the use of inappropriate police interrogation techniques constitutes a violation of Article 3 of the Convention and that such techniques shall be pr evented in the future. The two g overnments recognise that this aim can best be attained through training.

To this end the applicant g overnment and the respond ent g overnment recall that the Council of Europe has launched a comprehensive project the objective of which is a re-organisation of the content of the basic, in-service and management training of the police in the m ember countries. The applicant g overnment notes with satisfaction the voluntary p articipation of the respondent g overnment in this open-ended project. One element of the project is training in police investigation. The project is dependent on funding from Turkey and other members of the Council of Europe . The applicant g overnment will make a significant financial contribution to this Council of Europe project.

Furthermore, the applicant Government will finance a bilateral project. This project – subject to agreement between the two parties – will be aimed at the training of Turkish police officers, in order to achieve further knowledge and practical skills in the field of human rights.

6. On the basis of the Action Plan for the Development of the Bilateral Relations Between Turkey and Denmark which was agreed by the Minister for Foreign Affairs of Denmark and the Minister of Foreign Affairs of Turkey in Copenhagen on 26 November 1 999, the Government of Denmark and the Government of Turkey have decided to establish a continuous bilateral Danish-Turkish political dialogue.

This dialogue will also focus on human rights issues with a view to improving the human rights situation in concrete fields. The parties have agreed that individual cases, including cases concerning allegations of torture or ill-treatment, as well as general issues – such as the issues mentioned in the declaration by the Government of Turkey – may be raised by either party within the framework of this dialogue.”

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 both g overnments have declared their satisfaction with the measures taken to meet the obligations under the friendly settlement, as specified in the appendix to this resolution,

Declares, after having considered the information supplied by the Government of Denmark and the Government of Turkey that it has exe r cised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case.

App endix to Resolution ResDH(2004)87

Information provided by the Government of Turkey and the Government of Denmark during the examination of the case of Denmark against Turkey

b y the Committee of Ministers

As regards point 1 of the friendly settlement

The Turkish Government has paid the applicant Government the sum provided for in the friendly settlement and the Government of Denmark has expressed its satisfaction with this payment.

As regards the other points of the friendly settlement

The Turkish authorities have cooperated in the implementation of the Council of Europe ' s programme “Police and Human Rights – Beyond 2000”, not least in the context of the Jo int Council of Europe/European Commission Initiative: “Professionalism and respect for Human Rights in the Turkish National Police and Gendarmerie in their behaviour and relations with the public”, which comprised:

- translation of police training material prepared by the Council of Europe; - train-the-trainers courses; and - expertise on the curricula for basic training of Turkish Police and Gendarmerie.

The Jo int Initiative was implemented up until the end of 2003.

The Danish authorities made funds and experts available in the context of the Jo int Initiative, in particular through the participation of the Danish Police College in the Jo int Initiative under a bilateral project. 1 55.000 Danish kroner were made available to cover the costs for the training of a group of Turkish police officers visiting Denmark .

In view of the positive assessment of the Jo int Initiative, it was agreed with the Turkish authorities that further activities in this field would consolidate the achievements accomplished und er the Initiative in the longer term.

Following meetings in March 2004 (in Strasbourg) and September 2004 (in Ankara) to consider and agree on future activities and the participation of the Danish authorities therein, the Danish authorities have paid and transferred a contribution of 1 00 000 euros to the Council of Europe for activities involving the review of the curriculum for the Gendarmerie and further human rights training sessions for police and gendarmerie officers.

Furthermore, during the period 2004-2007, the Danish authorities will contribute on a bilateral basis to additional projects relating, among others, to police services.

In view of the foregoing, the Government of Turkey and the Government of Denmark consider that the terms of the friendly settlement have been complied with in accordance with Article 46, paragraph 2, of the Convention.