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CASE OF BAYAR AGAINST TURKEY AND 14 OTHER CASES

Doc ref: 55060/07, 55061/07, 9735/12, 31605/12, 32954/12, 76224/12, 69270/12, 77711/11, 3752/11, 37048/97, 52... • ECHR ID: 001-216619

Document date: March 9, 2022

Inbound citations: 23
•
Cited paragraphs: 2
•
Outbound citations: 0

CASE OF BAYAR AGAINST TURKEY AND 14 OTHER CASES

Doc ref: 55060/07, 55061/07, 9735/12, 31605/12, 32954/12, 76224/12, 69270/12, 77711/11, 3752/11, 37048/97, 52... • ECHR ID: 001-216619

Document date: March 9, 2022

Cited paragraphs only

Resolution CM/ResDH(2022)59

Execution of the judgments of the European Court of Human Rights

15 cases against Turkey

(Adopted by the Committee of Ministers on 9 March 2022

at the 1428 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

55060/07

BAYAR

13/06/2017

9735/12

MEHDÄ° TANRIKULU

05/05/2020

05/08/2020

31605/12

CÄ°N

01/10/2019

32954/12

KÖK

02/07/2019

76224/12

NECDET ATALAY

19/11/2019

15/04/2020

69270/12

ÖZER No. 3

11/02/2020

11/05/2020

77711/11

SÃœER

29/09/2020

3752/11

ARSLAN AND OTHERS

10/07/2018

37048/97

NURETTÄ°N DEMÄ°RTAÅž

09/10/2003

52497/08

ALÄ° GÃœRBÃœZ

12/03/2019

09/09/2019

66327/09

BALBAL

10/10/2017

324/10

DEMÄ°R

07/01/2020

17606/11

AYATA CÄ°VELEK AND OTHERS

13/10/2020

41551/11

ALÄ° ABBAS YILMAZ

07/07/2020

25119/11

CELAL ALTUN

23/06/2020

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 established on account of the authorities’ unjustified interference with the applicants’ right to freedom of expression, right to freedom of assembly (in the case of Ayata Civelek and Others ) due to the criminal proceedings initiated under various articles of the Criminal Code and Anti-Terrorism Law (violations of Article 10 and 11), and right to access to court (in the case of Bayar ) on account of inadmissibility of the applicant’s appeal on points of law on grounds that level of fine was below statutory minimum for appeal (violations of Article 6) ;

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 obligations;

Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2022)52 , DH-DD(2022)34 );

Considering that the question of individual measures was resolved, given that the applicants’ convictions have been quashed and their criminal records have been erased;

Recalling that the issue on the right to access to court in the case of Bayar has been closed by the Committee (see final resolution CM/ResDH(2019)330);

Recalling that the question of general measures required in response to the other shortcomings found by the Court in the present judgments continues to be examined within the framework of the Öner and Türk (51962/12), Altuğ Taner Akçam (27520/07), Nedim Şener (38270/11), Artun and Güvener (75510/01) and Işıkırık (41226/09) groups of cases 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 as regards the individual measures and

DECIDES to close the examination of these cases.

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