Resolution ResDH(2004)36
concerning the judgments of the European Court of Human Rights
of 25 September 2001, 30 October 2001, 7 February 2002 and 7 May 2002 (final respectively on
25 December 2001, 30 January 2002, 7 May 2002 and 7 August 2002)
in the 19 cases against Turkey (see Appendix) concerning the length of certain criminal proceedings
(Adopted by the Committee of Ministers on 15 June 2004
at the 885th meeting of the Ministers’ Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the 19 cases details of which appear in the appendix to this resolution, delivered on 25 September 2001, 30 October 2001, 7 February 2002 and 7 May 2002 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Turkey, lodged with the European Commission of Human Rights between 27 October 1994 and 18 August 1997 under former Article 25 of the Convention by 22 Turkish nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints that the length of certain criminal proceedings was excessive;
Whereas in its judgments of 25 September 2001, 30 October 2001, 7 February 2002 and 7 May 2002 concerning these cases the Court unanimously:
- held, that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain criminal proceedings;
- held, that the government of the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction (set out in the appendix to this resolution) awarded in French Francs (to be converted into Turkish liras at the rate applicable on the date of settlement), and that simple interest at an annual rate of 4,26% would be payable on those sums from the expiry of the above-mentioned three months until settlement;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgments of 25 September 2001, 30 October 2001, 7 February 2002 and 7 May 2002, having regard to Turkey’s obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that the internal proceedings are closed and that measures had already been taken to avoid new similar violations, in particular through the entry into force of Law No. 3953 of 27 December 1993, which abolished the jurisdiction of the martial law courts (see Resolution DH(1998)82 in the case of Mitap and Müftüoğlu against Turkey), and indicated that the Court’s judgments had been sent out to the authorities directly concerned;
Having satisfied itself that on the dates mentioned in the appendix, within the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments of 25 September 2001, 30 October 2001, 7 February 2002 and 7 May 2002,
Declares, after having examined the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2004)36
Details of the just satisfaction awarded to the applicants
Case
Date of judgment
Application No.
Non-pecuniary damage
Costs and expenses
Date of payment
Adiyaman
30/10/2001
31880/96
100 000 French Francs
8 000 French Francs
16/04/2002
Akçam
30/10/2001
32964/96
100 000 French Francs
10 000 French Francs
25/04/2002
Akyazi
30/10/2001
33362/96
100 000 French Francs
10 000 French Francs
25/04/2002
Başpinar
30/10/2001
29280/95
100 000 French Francs
10 000 French Francs
16/04/2002
Binbir
07/02/2002
29913/96
15 250 Euros
1 200 Euros
09/07/2002
Bürkev
30/10/2001
26480/95
100 000 French Francs
8 000 French Francs
16/04/2002
Çilengir
07/02/2002
29912/96
15 250 Euros
1 200 Euros
09/07/2002
Dede & others
07/05/2002
32981/96
15 250 Euros
1 200 Euros
05/08/2002
Dinleten
07/02/2002
29699/96
15 250 Euros
1 200 Euros
09/07/2002
Genç
30/10/2001
31891/96
100 000 French Francs
8 000 French Francs
16/04/2002
Hasan Yağiz
30/10/2001
31834/96
70 000 French Francs
16/04/2002
Inan
30/10/2001
39428/98
100 000 French Francs
8 000 French Francs
05/03/2002
Kanbur
30/10/2001
28291/95
100 000 French Francs
8 000 French Francs
16/04/2002
Karademir
30/10/2001
32990/96
100 000 French Francs
25/04/2002
Keskin
30/10/2001
32987/96
100 000 French Francs
10 000 French Francs
25/04/2002
Pekdaş
30/10/2001
31960/96
100 000 French Francs
10 000 French Francs
16/04/2002
Şahin
25/09/2001
31961/96
100 000 French Francs
22/03/2002
Saritaç
07/02/2002
29702/96
15 250 Euros
1 200 Euros
15/07/2002
Uygur
07/02/2002
29911/96
15 250 Euros
1 200 Euros
10/07/2002
Full & Egal Universal Law Academy