Resolution ResDH (2001)150 concerning the judgment of the European Court of Human Rights of 1 March 2001 in the case of Gelgeç and Özdemir against Turkey

(Adopted by the Committee of Ministers on 15 October 2001 at the 764th 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 Gelgeç and Özdemir case delivered on 1 March 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. 27700/95) against Turkey, lodged with the European Commission of Human Rights on 5 June 1995 under former Article 25 of the Convention by two Turkish nationals, Ms Elif Gelgeç and Mr Izzet Özdemir , and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint according to which the applicants had been subject to torture and ill-treatment during their police custody in the premises of the anti-terrorist section of the Istanbul security directorate;

Whereas in its judgment of 1 March 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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 to each applicant the global sum of 7 500 sterling pounds as soon as the judgment is notified;

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 noticed that on 29 May 2001, the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and that no other measures was required in the present case to conform to the Court’s judgment,

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 in this case.