Resolution CM/ResDH(2023)109

Execution of the judgments of the European Court of Human Rights

Three cases 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

26050/04

GÃœRBÃœZ

10/11/2005

10/02/2006

7454/04

UYAN

10/11/2005

10/02/2006

24040/04

KURUÇAY

10/11/2005

10/02/2006

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 according to which that there would be a violation of Article 3 if the applicants were re-imprisoned without there being a marked improvement in their medical fitness to withstand such a measure;

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)458 );

Considering that the question of individual measures was therefore resolved, given that the applicants are no longer held in detention on remand;

Underlining that the closure of these cases in no way prejudges the Committee’s evaluation of the general measures required, to be pursued in the framework of the case of Tekin Yıldız v. Turkey (Application No. 22913/04);

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.