Resolution CM/ResDH(2023)110

Execution of the judgment of the European Court of Human Rights

Huylu against Turkey

(Adopted by the Committee of Ministers on 3 May 2023 at the 1465 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

52955/99

HUYLU

16/11/2006

23/05/2007

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 the failure of the prison and medical authorities to display due diligence in the specific circumstances of the case and to carry out effective investigations thereafter;

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 measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)1287 );

Recalling that the measures in relation to the quality and the capacity of health care services in state run hospitals were taken within the framework of the Oyal group of cases (see CM/ResDH(2021)431 );

Recalling that the general measures required in this case to ensure the effectiveness of investigations are being examined under the Batı and Others (Application No. 33097/96) group of cases, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in that respect;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.