Resolution ResDH (2004) 37

concerning the judgment of the European Court of Human Rights of 27 February 2001 (final on 27 May 2001) in the case of Ecer and Zeyrek against Turkey

(Adopted by the Committee of Ministers on 15 June 2004 at the 885th 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 judgment of the European Court of Human Rights in the Ecer and Zeyrek case delivered on 27 February 2001 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 two applications (Nos. 29295/95 and 29363/95) against Turkey, lodged with the European Commission of Human Rights on 18 July 1995 under former Article 25 of the Co n vention by two Turkey nationals, Mr Abdülaziz Ecer and Mr Mehmet Zeyrek , and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint related to the retroactive application of the Anti-Terrorism Act of 1991 (Law No. 3713) to acts committed by the applicants in 1988 and 1989 with the result that the applicants were convicted in 1994 to a heavier sentence than the one which they risked at the time of the commission of the offence;

Whereas in its judgment of 27 February 2001 the Court unanimously:

- held that there had been a violation of Article 7, paragraph 1, of the Convention;

- held

(a) that the respondent state was to pay, within three months, from the date on which the judgment becomes final according to Article 44, paragraph 2, of the Convention, the following amounts, to be converted into Turkish liras at the rate applicable on the date of settlement:

(i) to each applicant 7 500 (seven thousand five hundred) US dollars as compensation for non-pecuniary damage;

(ii) to both applicants jointly 3 000 (three thousand) US dollars for legal fees minus the sum of Euro 630 received by way of legal aid from the Council of Europe to be converted into US dollars at the exchange rate applicable at the date of the judgment;

(b) that simple interest at an annual rate of 6% should be payable from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicants’ claims for just satisfaction;

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 27 February 2001, 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 Article 15 of the Constitution explicitly prohibits the retroactive application of sanctions and noted that the violation in this case resulted from a misinterpretation of Turkish law which was not likely to occur again and has indeed not occurred again. Furthermore, the Government indicated that the Court’s judgment had been published in Turkish in the Bulletin of the Ministry of Justice, Yargi Mevzuati Bültenı , No. 166 of 15 January 2002, as well as on the Internet site of the Ministry of Justice ( w w w.adalet.gov.tr ) and sent out to the authorities directly concerned;

Having satisfied itself that on 16 May 2001, within the time-limit set, the government of the respondent state had paid the a p plicants the sums provided for in the judgment of 27 February 2001,

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.