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CASE OF KESER AND KÖMÜRCÜ AGAINST TÜRKİYE AND 6 OTHER CASES

Doc ref: 5981/03;36672/97;29675/02;23698/07;42136/06;43044/05;7309/04 • ECHR ID: 001-222465

Document date: December 14, 2022

  • Inbound citations: 56
  • Cited paragraphs: 0
  • Outbound citations: 1

CASE OF KESER AND KÖMÜRCÜ AGAINST TÜRKİYE AND 6 OTHER CASES

Doc ref: 5981/03;36672/97;29675/02;23698/07;42136/06;43044/05;7309/04 • ECHR ID: 001-222465

Document date: December 14, 2022

Cited paragraphs only

Resolution CM/ResDH(2022)435

Execution of the judgments of the European Court of Human Rights

Seven cases against Türkiye

(Adopted by the Committee of Ministers on 14 December 2022 at the 1452 nd meeting of the Ministers' Deputies)

Application Nos.

Cases

Judgment of

Final on

5981/03

KESER AND KÖMÜRCÜ

23/06/2009

23/09/2009

36672/97

KURNAZ AND OTHERS

24/07/2007

24/10/2007

29675/02

LEYLA ALP AND OTHERS

10/12/2013

10/03/2014

23698/07

MÄ°MTAÅž

19/03/2013

19/06/2013

42136/06

PEKER (No. 2)

12/04/2011

12/07/2011

43044/05+

SACILIK AND OTHERS

05/07/2011

14/04/2015

05/10/2011

14/09/2015

7309/04

VEFA SERDAR

27/01/2015

01/06/2015

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of death or ill-treatment during raids to quell prison riots or during related prison transfers and/or the lack of effective investigation into the events (violations of the substantive and/or procedural aspects of Articles 2 or 3 of the Convention);

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 in these cases (see document DH-DD(2022)1349-rev ) and noted with deep regret that no further individual measures are possible in these cases; having moreover noted that the just satisfaction amounts were paid by the government of the respondent State;

Recalling that the question of general measures required in response to t he shortcomings found by the Court in these judgments continue to be examined within the framework of the Gomi and Others ( application No. 35962/97 ) group and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures;

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.

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