Resolution ResDH (2004)24

concerning the judgment of the European Court of Human Rights of 31 May 2001 (Friendly settlement) in the case of Kortak against Turkey

(Adopted by the Committee of Ministers on 22 April 2004 at the 879th 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 judgment of the European Court of Human Rights in the Kortak case delivered on 31 May 2001 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. 34499/97) against Turkey, lodged with the European Commission of Human Rights on 9 November 1996 under former Article 25 of the Co n vention by Mr Mehmet Ali Kortak , a Turkish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the length of the applicant’s detention in police custody without any judicial review;

Whereas in its judgment of 31 May 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, 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 above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicant the global sum of 30 000 French francs, within three months as from the notification of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking-out of a case 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 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 6 September 2001, after the expiry of the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and that the default interest due was paid on the same day,

Recalling that, as regard the applicant’s complaint declared admissible in this case, measures had already been taken, notably through the amendments of the legislation concerning length of police custody (see Interim Resolution ResDH (99)434 in the Aksoy case and Resolution ResDH (2002)110 in the Sakık and others case);

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.