Resolution CM/ResDH(2023)355

Execution of the judgment of the European Court of Human Rights

Abdulhadi Yıldırım against Turkey

(Adopted by the Committee of Ministers on 8 November 2023 at the 1480 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

13694/04

ABDULHADÄ° YILDIRIM

15/12/2009

15/03/2010

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 authorities’ failure to take the necessary measures to prevent the suicide of the applicant’s relative, who at the time of the incident was serving a sentence for desertion in a civil prison despite his mental health problems, and the lack of an effective investigation into his death (substantive and procedural violations 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 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)1266 );

Noting with deep regret that no individual measures appear possible in this case concerning the investigation of the applicant’s relative death because of the applicable prescription periods;

Having noted with satisfaction the adoption of the Law on the Enforcement of Sentences and Security Measures (Law No. 5275) which entered into force on 1 June 2005 and provided a legal basis for allowing the execution of imprisonment sentence to be postponed on account of mental health disorders;

Recalling further that the question of general measures required in response to suicide incidents in prisons and to ensure effective subsequent investigations continues to be examined within the framework of the Kılavuz v. Turkey (8327/03) and Batı and Others v. Turkey (33097/96) groups of cases, 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 in relation to these issues;

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

CONCLUDES that no further individual measures are possible in this case;

DECIDES to continue to supervise the adoption of the necessary general measures concerning the more general issue of prevention of suicide in prisons in the Kılavuz v. Turkey (8327/03) group and those relating to the effectiveness of the criminal investigations in the Batı and Others v. Turkey (33097/96) group ;

DECIDES to close the examination of this case.