Resolution ResDH (2002)138 concerning the judgment of the European Court of Human Rights of 22 May 2001 in the case of Güven Kemal against Turkey

(Adopted by the Committee of Ministers on 21 October 2002 at the 810th 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 Kemal Güven case delivered on 22 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. 31847/96) against Turkey, lodged with the European Commission of Human Rights on 12 April 1996 under former Article 25 of the Convention by Mr Kemal Güven , a Turkish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints relating to the applicant’s eviction from his village and destruction of his home and possessions by security forces (military or Gendarmerie units) in March-October 1994 in the regions of South-East Turkey subject to a state of emergency;

Whereas in its judgment of 22 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 10 000 pounds sterling on an ex gratia basis, after 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 16 July 2001, the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement,

Recalling that the structural problems at the root of the present application are the subject of a detailed examination by the Committee within the frame work of several similar cases concerning Turkey which have given rise to numerous findings of violations of the Convention and that Turkey has adopted and continues to adopt important general measures so as to effectively prevent new, similar violations (see Interim Resolutions DH (99) 434 and ResDH (2002)98);

Declares, after having taken note of the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed in this case.