Resolution ResDH (2002)87 concerning the judgment of the European Court of Human Rights of 5 July 2001, final on 5 October 2001 in the case of Erdem against Germany

(Adopted by the Committee of Ministers on 22 July 2002 at the 803rd meeting of the Ministers’ D eputies)

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 Erdem case delivered on 5 July 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 an application (No. 38321/97) against Germany, lodged with the European Commission of Human Rights on 29 July 1997 under former Article 25 of the Convention by Mr Selahattin Erdem , a Turkish national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints concerning the excessive length of his detention on remand and the supervision of his correspondence with his lawyer by the judge during his detention;

Whereas in its judgment of 5 July 2001 the Court, unanimously:

- held that there had been a violation of Article 5, paragraph 3, of the Convention;

- held that there had been no violation of Article 8 of the Convention;

Whereas the Court considered that no just satisfaction should be awarded to the applicant since the latter did not submit any request in this respect;

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 measures which had been taken in consequence of the judgment of 5 July 2001, having regard to Germany’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been published in German in the journal Europäische Grundrechtezeitung and sent out to the authorities directly concerned,

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