Resolution CM/ResDH(2022)357

Execution of the judgment of the European Court of Human Rights

Durmaz against Turkey

(Adopted by the Committee of Ministers on 8 December 2022 at the 1451 st meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

3621/07

DURMAZ

13/11/2014

13/02/2015

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 judgment transmitted by the Court to the Committee in this case and to the violation found regarding the national authorities’ failure to carry out an effective investigation into the death of the applicant’s daughter (procedural violation of Article 2);

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(2022)1138 ), and having noted in the light of this information, that no further individual measures are required in this case; having moreover noted that the just satisfaction amount was paid by the government of the respondent State;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Opuz group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the State’s positive obligations to ensure effective protection from domestic violence and effective investigations;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and;

DECIDES to close the examination thereof.