Resolution CM/ResDH(2022)433

Execution of the judgments of the European Court of Human Rights

Two cases 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

64119/00+

KAYASU

13/11/2008

13/02/2009

20999/04

ÖZPINAR

19/10/2010

19/01/2011

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 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(2022)1334 );

Noting that the issue of the necessary general measures to address the problem concerning the lack of procedural guarantees during disciplinary proceedings before the Council of Judges and Public Prosecutors and the issue of its composition while reviewing appeals on disciplinary sanctions continue to be examined within the framework of the Bilgen group of cases (Application No. 1571/07);

Having further noted that the issue of unjustified and disproportionate interferences with the applicants’ freedom of expression on account of prosecutions and criminal proceedings under Article 301 of the Criminal Code continues to be examined within the framework of the Altuğ Taner Akçam group of cases ( 27520/07 );

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 their examination thereof.