Resolution CM/ResDH(2023)40

Execution of the judgments of the European Court of Human Rights

Four cases against Türkiye

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

Application No.

Case

Judgment of

Final on

5999/13

SENSAFAK

07/07/2020

07/07/2020

3704/13

KEMAL ÇETİN

26/05/2020

26/08/2020

2389/10

EĞİTİM VE BİLİM EMEKÇİLERİ SENDİKASI AND OTHERS

20/09/2022

20/09/2022

44827/08

ABDULLAH YAÅžA AND OTHERS

16/07/2013

16/10/2013

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 (violations of Article 11 and/or Article 3);

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 examined the information provided by the government as regards the individual measures in these cases (see DH-DD(2023)78 ), noted with regret that no further individual measures are possible in the cases Eğitim ve Bilim Emekçileri Sendikası and Others and Abdullah Yaşa and Others due to the prescription of the facts and that no further individual measures are required in the remaining cases; having moreover noted that the just satisfaction, where awarded, was paid by the government of the respondent State;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments regarding the right to freedom of assembly group continue to be examined in the Oya Ataman group of cases (74552/01) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;

Recalling also that the question of the general measures concerning the failure to ensure effective investigations into allegations concerning the unlawful use of force by law enforcement officers continue to be examined in the Batı group of cases (33097/96);

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.