Interim Resolution ResDH (2003)173

concerning the judgment of the European Court of Human Rights of 14 December 2000 (Friendly settlement) in the case of Institut de Prêtres français against Turkey

(Adopted by the Committee of Ministers on 8 October 2003 at the 854th 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 Institut de prêtres français case delivered on 14 December 2000 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention (see Rule 44, paragraph 2, of the Rules of the Court);

Considering that in this judgment the Court took formal note of a friendly settlement concluded between the Government of the respondent state and the applicant, and decided unanimously, having satisfied itself that the settlement was based on respect for human rights as defined in the Convention or its Protocols, to strike the case out of its list;

Having invited the Government of the respondent state to inform it of the mea s ures taken in consequence of the judgment of 14 December 2000, having regard to Turkey’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

Recalling that, in the absence of implementation of the commitments made, the Chairman of the Committee of Ministers addressed a letter dated 6 November 2002 to the Turkish Minister of Foreign Affairs, who conveyed the Committee of Ministers’ concerns to the Prime Minister of Turkey asking him to instruct the competent authorities urgently to implement the friendly settlement;

Recalling that, on 17 June 2003, the Chairman of the Committee of Ministers addressed a second letter to the Turkish Minister of Foreign Affairs, who indicated in his reply of 1 August 2003 that the search for a solution was being pursued, despite the difficulties encountered, and that the implementation of the friendly settlement was imminent;

Welcomes the determination expressed by the Turkish authorities to satisfy the commitments made in the present friendly settlement;

Notes nevertheless with concern that nearly three years after the adoption of the Court’s judgment, the commitments made have not yet been honoured;

Urges the Turkish authorities to intensify their efforts in order to comply without delay with the Court’s judgment in this case;

Decides to pursue the supervision of the execution of the present judgment, if need be, at each of its forthcoming meetings, until all necessary measures have been adopted.