Resolution CM/ResDH(2023)236

Execution of the judgment of the European Court of Human Rights

Dilipak et Karakaya against Turkey

(Adopted by the Committee of Ministers on 6 September 2023 at the 1473 rd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

7942/05+

DÄ°LÄ°PAK AND KARAKAYA

04/03/2014

09/01/2018

04/06/2014

09/04/2018

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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of unjustified and disproportionate civil defamation proceedings against the applicants (violation of Article 10) and failure of domestic courts to take requisite steps to identify the addresses of the applicants to inform them about the civil proceedings initiated against them (violation of Article 6);

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 sums agreed between the parties (see document DH-DD(2022)1292 );

Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated,

Recalling that the question of the general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Pakdemirli group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to unjustified and disproportionate civil defamation proceedings;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures concerning unjustified and disproportionate civil defamation proceedings in the case of Pakdemirli v. Turkey (35839/97);

DECIDES to close the examination of this case.