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CASE OF ZENGİN AND ÇAKIR AGAINST TÜRKİYE AND 10 OTHER CASES

Doc ref: 57069/09;39047/11;41839/09;57031/10;2257/11;40631/11;45975/12;19165/19;57316/10;36909/07;46127/11 • ECHR ID: 001-223778

Document date: March 9, 2023

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CASE OF ZENGİN AND ÇAKIR AGAINST TÜRKİYE AND 10 OTHER CASES

Doc ref: 57069/09;39047/11;41839/09;57031/10;2257/11;40631/11;45975/12;19165/19;57316/10;36909/07;46127/11 • ECHR ID: 001-223778

Document date: March 9, 2023

Cited paragraphs only

Resolution CM/ResDH(2023)38

Execution of the judgments of the European Court of Human Rights

11 cases against TÃ¼rkiye

(Adopted by the Committee of Ministers on 9 March 2023 at the 1459 th meeting of the Ministersâ€™ Deputies)

Application No.

Case

Judgment of

Final on

57069/09

ZENGÄ°N AND Ã‡AKIR

13/02/2018

39047/11

KINIK

25/09/2018

41839/09

AKTAN

09/10/2018

57031/10

MART AND OTHERS

19/03/2019

09/09/2019

2257/11

BAKIR

13/10/2020

40631/11

ADIR AND OTHERS

12/01/2021

45975/12

Ä°MREK

10/11/2020

10/02/2021

19165/19

Ã–MÃœR Ã‡AÄžDAÅž ERSOY

15/06/2021

11/10/2021

57316/10

Ä°MRET (No. 2)

10/07/2018

03/12/2018

36909/07

DAÅž

02/07/2019

46127/11

MUSTAFA Ã‡ELÄ°K

08/12/2020

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 â€œthe Conventionâ€ and â€œthe Courtâ€);

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established on account of the authoritiesâ€™ unjustified interference with the applicantsâ€™ right to freedom of expression and the right to freedom of assembly (in the case of Ä°mrek ) on account of criminal proceedings initiated against the applicants under various articles of the Criminal Code and Anti-Terrorism Law (violations of Article 10 and 11), and right to a fair trial (in the case of BakÄ±r ) on account of the inability of the applicant to examine or have examined anonymous witnesses whose statements were relied on for his conviction (violation of Article 6) ;

Recalling the respondent Stateâ€™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 obligations;

Having examined the information provided by the government indicating the individual 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(2023)41 );

Recalling that the issue on the right to a fair trial in the case of Bakir has been closed by the Committee (see final resolution CM/ResDH(2018)160 );

Recalling that the question of general measures required in response to the other shortcomings found by the Court in the present judgments continues to be examined within the framework of the Ã–ner and TÃ¼rk (51962/12), AltuÄŸ Taner AkÃ§am (27520/07), Nedim Åžener (38270/11), Artun and GÃ¼vener (75510/01) and IÅŸÄ±kÄ±rÄ±k (41226/09) groups of cases and that the closure of these cases therefore in no way prejudges the Committeeâ€™s evaluation of the general measures required,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

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