Resolution CM/ResDH(2021)315

Execution of the judgments of the European Court of Human Rights

Three cases against Turkey

(Adopted by the Committee of Ministers on 10 November 2021 at the 1417 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

7971/07

LEVENTOÄžLU ABDULKADÄ°ROÄžLU

28/05/2013

28/08/2013

38249/09

TANBAY TÃœTEN

10/12/2013

10/03/2014

26268/08

TUNCER GÃœNEÅž

03/09/2013

03/12/2013

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 of the right not to be discriminated against on gender grounds on account of the impossibility for married women to bear only their maiden name (violations of Article 14 taken in conjunction with Article 8);

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 documents DH-DD(2016)452 , DH-DD(2021)956 );

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Unal Tekeli group 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.