Resolution CM/ResDH(2022)250

Execution of the judgments of the European Court of Human Rights

Three cases against Türkiye

(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

38949/09

Ä°LTÃœMÃœR OZAN AND OTHERS

16/02/2021

16/05/2021

58026/12

AKIN

17/11/2020

17/02/2021

81532/12

KAÇAR

07/07/2020

07/07/2020

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 judgments transmitted by the Court to the Committee in these cases and to the violations found regarding the ineffectiveness of the investigations into ill-treatment by State agents and, in the Akın and Kaçar cases, on account of the substantive ill-treatment,

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 information provided by the government as regards the individual measures (see document DH-DD(2022)704 ) and noted with deep regret, in the light of this information, that no further individual measures appear possible in these cases; having moreover noted that the just satisfaction amounts were paid by the government of the respondent State;

Recalling that the question of general measures required in response to ineffectiveness of investigations into killing, torture and ill-treatment and the excessive use of force by the police and security forces continues to be examined within the framework of the Batı and Others group, the Oya Ataman , Kasa, and Erdoğan groups, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

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

DECIDES to close the examination of these cases.