Resolution CM/ResDH(2022)432

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

45801/12

UCA

29/06/2021

29/06/2021

24744/03

AKTAÅž YUNUS AND OTHERS

20/10/2009

20/01/2010

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 as regards the individual measures (see document DH-DD(2021)1054 ), including the information provided regarding the payment of the just satisfaction awarded by the Court ;

Considering that the question of individual measures has been resolved, given that the just satisfaction has been paid and that none of the applicants is detained pending trial;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continue to be examined within the framework of the Güveç case ( Application No. 70337/01 ) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in these cases;

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.