Resolution CM/ResDH(2022)434

Execution of the judgment of the European Court of Human Rights

Öneryıldız against Turkey

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

Application No.

Case

Judgment of

Final on

48939/99

ÖNERYILDIZ

30/11/2004

Grand Chamber

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 violations established;

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 judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)1333 );

Having noted that the issue of the judicial authorities’ failure to secure the full accountability of State officials or authorities for their role in fatal accidents continues to be examined within the framework of the Kalender group of cases (Application No.4314/02) and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in respect of this issue;

Having further noted that the issue of the administrative bodies’ failure to enforce judicial decisions awarding the applicants compensation and other pecuniary awards continues to be examined within the framework of the Kılıç group of cases (Application No. 38473/02 ) and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in respect of this issue;

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 this case and

DECIDES to close the examination thereof.