Resolution CM/ResDH(2021)297

Execution of the decisions of the European Court of Human Rights

Two 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

Date of the decision

32881/11

Mahide KALAY AND Bahri KALAY

06/02/2018

53743/11

Ali APAKÄ° AND Handan APAKÄ°

06/11/2018

The Committee of Ministers, under the terms of Article 39, paragraph 4, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of friendly settlements as they appear in the decisions of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Considering that in these cases the Court, having taken formal note of the friendly settlements reached by the government of the respondent State and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided to strike these cases from its list;

Having satisfied itself that the terms of the friendly settlements concerning the payment of the sums agreed between the parties were executed by the government of the respondent State (see document DH-DD(2021)892 );

Having noted that the measures concerning the undertaking of the respondent State to ensure that the right to life – including the obligation to carry out effective investigations to determine the full extent to which the public servants and authorities were liable for the accidents– is respected in the future continues to be examined within the framework of the Kalender group of cases (Application No. 4314/02),

DECLARES that it has exercised its functions under Article 39, paragraph 4, of the Convention and

DECIDES to close the examination of these cases.