Resolution CM/ResDH(2022)76

Execution of the judgment of the European Court of Human Rights

Halit Dinç and Others against Turkey

(Adopted by the Committee of Ministers on 30 March 2022

at the 1430 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

32597/96

HALİT DİNÇ AND OTHERS

19/09/2006

19/12/2006

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;

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, and noting that no award of just satisfaction was made by the Court in the present case (see document DDH-DD(2021)1108 ) ;

Recalling that the general measures required for failure to prepare and supervise or to take all the necessary safety measures to reduce any risk to life to the extent possible during the operations of security forces are examined under Erdogan and Others (19807/92) group of cases and for the effectiveness of the investigations stemming from acts of security forces are being examined under the Batı and Others (33097/96) group of cases, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in that 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.