Resolution CM/ResDH(2021)296

Execution of the judgments of the European Court of Human Rights

Six cases against Turkey

(Adopted by the Committee of Ministers on 3 November 2021 at the 1416 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

5825/09

MENGIRKAON

23/06/2020

23/06/2020

40381/10

YAÅžAR

23/06/2020

23/06/2020

19607/10

YILMAZ

23/06/2020

23/06/2020

27110/08

KAYA

23/06/2020

23/06/2020

50495/08

ALTINTAÅž

10/03/2020

10/07/2020

48555/08

ATAY

13/10/2020

13/10/2020

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;

Recalling that the violations of the Convention found by the Court in these cases primarily concern the violation of the right to access to court, the applicants’ appeal on points of law having been declared inadmissible on the grounds that the amount of fines was below statutory minimum for appeal (violations of Article 6); the other violations concern the applicants’ convictions for having expressed opinions that did not incite hatred or violence (violations of Article 10) (this issue is being examined under the Öner and Türk (51962/12) group of cases);

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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)941 );

Recalling that the Committee closed the examination of other similar cases concerning the violation of the right to a access to court (see Final Resolution concerning the Bayar and Gürbüz group of cases, CM/ResDH(2019)330 );

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.