Resolution CM/ResDH(2021)431

Execution of the judgments of the European Court of Human Rights

10 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

4864/05

OYAL

23/03/2010

23/06/2010

7505/06

AKKOYUNLU

13/10/2015

13/01/2016

32086/07

ALTUÄž AND OTHERS

30/06/2015

30/09/2015

24109/07

ASİYE GENÇ

27/01/2015

27/04/2015

50772/11

ERDİNÇ KURT AND OTHERS

06/06/2017

06/09/2017

38331/06

ERKAN BÄ°ROL KAYA

23/10/2018

23/01/2019

48532/11

NÄ°HAT SOYLU

11/12/2018

11/03/2019

49092/12

ÖNEY

15/01/2019

15/04/2019

13423/09

MEHMET ÅžENTÃœRK AND BEKÄ°R ÅžENTÃœRK

09/04/2013

09/07/2013

61772/12

TÃœLAY YILDIZ

11/12/2018

11/03/2019

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 failure of the authorities to take the necessary measures to protect the lives of the applicants or their next-of-kin on account of medical negligence or medical errors committed by health care providers employed mainly by state-run hospitals (substantial and/or procedural violations of Article 2), as well as failure to conduct compensation proceedings with exceptional diligence (Article 6, and 8) and to provide effective remedy to challenge the length of proceedings (Article 13).

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(2021)1185 ), while noting the measures taken by the authorities in some of the cases, expressed deep regret that no further individual measures are possible in respect of the criminal proceedings at stake in some of the cases, due to the expiration of the statute of limitations; having moreover noted that the just satisfaction, where awarded, was paid by the Government of the respondent State, concluded, in the light of all the information provided, that no further individual measures were possible or required in these cases ;

Having noted with satisfaction the large number of measures taken with a view to increasing the quality and capacity of health care services in state-run hospitals, in particular measures to ensure that any patient in a critical medical condition shall be admitted to emergency services without having to pre-pay for services as well as to enhance coordination between hospitals during the transfer of patients and measures aimed at preventing contamination of diseases with blood transmission;

Having considered the administrative and legislative reforms concerning the recourse to experts in judicial proceedings, including capacity building activities in Forensic Medicine Institute, establishment of the Department of Expertise within the Ministry of Justice and adoption of an exclusive Law on Expertise;

Having noted that the outstanding issues related to the shortcomings found by the Court as regards the administrative authorisation requirement to bring charges against civil servants in cases concerning Articles 2 and 3 violations continue to be examined under Batı and Others group of cases (Application No. 33097/96) in a broader context a nd that the closure of the present cases therefore in no way prejudges the Committee’s evaluation of the general measures required in respect of these issues ;

Having further noted that the outstanding questions related to the lack of reasoning in judicial decisions continue to be examined under Deryan group of cases (Application No. 41721/04) and that the closure of the present cases therefore in no way prejudges the Committee’s evaluation of the general measures required in respect of these issues;

Recalling that the issues related to violations of Articles 6 and 13 of the Convention on account of the excessive length of proceedings and the lack of effective remedy thereof have been examined under Ormancı group of cases (Application No. 43647/98) whose examination has been closed (see Resolution CM/ResDH(2014)298 );

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.