Resolution CM/ResDH(2023)335

Execution of the judgment of the European Court of Human Rights

DelibaÅŸ 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

34764/07

DELÄ°BAÅž

14/11/2017

14/11/2017

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 violation established on account of the Turkish authorities’ failure to conduct criminal proceedings with sufficient diligence and promptness so as to establish liability of the various public authorities in connection with the collapse of the building that claimed the life of the applicant’s daughter (violation of Article 2);

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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)487 );

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

Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the case M. Ozel and Others v. Turkey , 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 required;

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

CONCLUDES that no further individual measures could be taken in this case because of the applicable prescription period;

DECIDES to continue to supervise the adoption of the necessary general measures concerning effective investigation in relation to earthquake victims in the case M. Ozel and Others ;

DECIDES to close the examination of this case.