Resolution CM/ResDH(2022)228

Execution of the judgment of the European Court of Human Rights

Ilbeyi KemaloÄŸlu and Meriye KemaloÄŸlu against Turkey

(Adopted by the Committee of Ministers on 22 September 2022 at the 1443 rd meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

19986/06

Ä°LBEYÄ° KEMALOÄžLU AND MERÄ°YE KEMALOÄžLU

10/04/2012

10/07/2012

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established on account to the authorities’ failure to protect the life of the applicants’ son, to hold accountable those responsible for the death of the child and to provide appropriate redress to his parents, because of the excessive length of the related proceedings as well as the refusal of their claim for legal aid (violations of Articles 2 and 6 of the Convention);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government, indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)668 );

Recalling that the Committee closed, within the context of the Bakan group, the cases relating to the refusals by administrative courts to grant the applicants legal aid ( see Final Resolution CM/ResDH(2018)37 );

Having noted that issue of the excessive length of the criminal proceedings before the Court of Cassation continues to be examined within the framework of the Kalender group of cases (4314/02) and that the closure of the present case does not prejudge the assessment of the general measures taken in this respect ;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.