Resolution CM/ResDH(2007)21[1]

Execution of the judgment of the European Court of Human Rights
Özkan Kiliç against Turkey

(Applications Nos. 27209/95 & 27211/95, judgment of 26 November 2002 – Friendly settlement)

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 referred to as “the Convention” and “the Court”);

Having regard to the final judgment in this case, transmitted by the Court to the Committee on 26 November 2002;

Recalling that the complaints declared admissible by the Court in this case concerned an allegedly unjustified interference with the applicant's freedom of expression on account of his convictions, in 1993 and 1994, under Article 6 and former Article 8 of the Anti-terrorism Law No. 3713 (complaint under Article 10) as well as allegations of unfairness of the criminal proceedings which led to his convictions, on account of the presence of a military judge in the security court (complaint under Article 6);

Whereas the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the friendly settlement the Government of Turkey:

- noted that the Court's rulings against Turkey in cases involving prosecutions under the Prevention of Terrorism Act relating to freedom of expression showed that Turkish law and practice urgently needed to be brought into line with the Convention's re