Resolution CM/ResDH(2023)267

Execution of the judgments of the European Court of Human Rights

Three cases against Türkiye

(Adopted by the Committee of Ministers on 21 September 2023 at the 1475 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

34491/97

CEYHAN DEMIR AND OTHERS

13/01/2005

13/04/2005

78727/16

ÅžORLÄ°

05/04/2022

05/04/2022

3824/17

GÜNGÖR

15/11/2022

15/02/2023

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 found regarding the ineffectiveness of the investigations into death or ill-treatment (Articles 2 and 3) by State agents, and concerning the right to an effective remedy (Article 13),

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 information provided by the government indicating the individual measures adopted in order 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(2023)816 );

Noting with deep regret that no further measures could be taken in these cases because of the applicable prescription periods,

Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments, in particular the ineffectiveness of investigations into killing, torture and ill ‑ treatment and the excessive use of force by the police and security forces, continues to be examined within the framework of the Batı and Others , also in the light of the Court’s findings in these cases, 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;

CONCLUDES that no further individual measures could be taken in these cases because of the applicable prescription periods;

DECIDES to continue to supervise the adoption of the necessary general measures within the framework of the Batı and Others ;

DECIDES to close the examination of these cases.