Resolution CM/ResDH(2023)31

Execution of the judgments of the European Court of Human Rights

Two 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

74845/12

ÃœREK AND ÃœREK

30/07/2019

09/12/2019

53848/07

FÄ°KRET KARAHAN

16/03/2021

16/06/2021

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 on account of the inability of the applicants to confront witnesses whose statements were used by trial courts as decisive evidence in criminal proceedings against them;

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 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(2022)1033 );

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Orhan Çaçan group of cases (Application No. 26437/04) and that the closure of these cases therefore in no way prejudges the Committee’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.