Resolution CM/ResDH(2021)338

Execution of the judgments of the European Court of Human Rights

Three cases against Turkey

(Adopted by the Committee of Ministers on 2 December 2021

at the 1419 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

24211/08

ADIYAMAN

09/01/2018

09/01/2018

46162/07+

ÇALAĞAN AND OTHERS

04/09/2018

04/09/2018

29899/07+

ÇETİN AND GEDİK

04/09/2018

04/09/2018

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 unjustified and disproportionate disciplinary sanctions imposed on prisoners for having expressed peaceful opinions (violations of Article 10);

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 indicating the measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)966 );

Recalling that the question of general measures required in response to the authorities’ unjustified interference with the applicants’ right to freedom of expression due to the criminal proceedings initiated under various articles of the Criminal Code of Anti-Terrorism Law continues to be examined in a broader manner within the framework of the Öner and Türk (51962/12), Altuğ Taner Akcam (27520/07), Nedim Şener (38270/11) and Artun and Guvener (75510/01) groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required,

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 these cases and

DECIDES to close the examination thereof.