Resolution CM/ResDH(2023)332

Execution of the judgment of the European Court of Human Rights

Zengin against Turkey

(Adopted by the Committee of Ministers on 31 October 2023 at the 1479 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

46928/99

ZENGÄ°N

28/10/2004

28/01/2005

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;

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(2023)1065 );

Noting with deep regret that no further measures could be taken in this case because of the applicable prescription periods;

Recalling that the Committee closed the supervision of the execution of general measures in the Aksoy group ( CM/ResDH(2019)51 ) which concerned similar violations of the Convention that took place against the background of the fight against terrorism, under the state of emergency between 1987 and 2002;

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.