Resolution CM/ResDH(2009)96[1]
Execution of the judgments of the European Court of Human Rights
Avcı (Cabat) and others and 11 other cases against Turkey
(See Appendix for details of the cases)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern the fact that the applicants were not informed promptly of the reasons for their arrest (violation of Article 5§2), and/or their prolonged detention in police custody (violation of Article 5§3), and/or the lack of an effective remedy (violation of Article 5§4), and/or the absence of a right to compensation in this regard (violation of Article 5§5) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2009)96
Information about the measures to comply with the judgments of the European Court of Human Rights
Avcı (Cabat) and others and 11 other cases against Turkey
Introductory case summary
These cases mainly relate to the apllicants’ prolonged detention in police custody (violations of Article 5§3) and/or the lack of an effective remedy by which the applicants might have challenged the lawfulness of their continued detention in police custody (violations of Article 5§4), and/or the absence of a right to compensation in this respect (violations of Article 5§5).
The case of Tanrıkulu Sinan and others (5086/99) also concerns the fact that the applicants were not informed promptly of the reasons of their arrest (Violation of Article 5§2).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Avcı (Cabat) and others 77191/01
-
EUR 5000
EUR 2000
EUR 7000
Paid on 13/07/2007
Atmaca and others 28299/02 +
No just satisfaction awarded.
Sadak Resul and others 74318/01
-
EUR 19800
EUR 1000
EUR 20800
Paid on 22/02/2008
Tanrıkulu Sinan and others 50086/99
-
EUR 8000
EUR 1000
EUR 9000
Paid on 1/11/2007
Süer and others 74408/01
-
EUR 6000
-
EUR 6000
Paid on 27/3/2008
Tangün and others 38128/02
-
EUR 6000
EUR 1000
EUR 7000
Paid on 07/10/2007
Dilsiz and others 71844/01
-
EUR 6000
EUR 650
EUR 6650
Paid on 18/11/2008
Bilen Mehmet 5337/02
-
EUR 3500
-
EUR 3500
Paid on 19/9/2008
Hacı Zeki Uzun 11564/02
-
EUR 1000
-
EUR 1000
Paid on 22/08/2008
Kılıçoğlu and others 50945/99
-
EUR 33500
-
EUR 33500
Paid on 09/07/2008
Anyığ and others 51176/99
-
EUR 17500
EUR 1500
EUR 19000
Paid on 19/9/2006 and 11/3/2009
Şahin Mehmet and others 5881/02
-
EUR 10000
EUR 650
EUR 10650
Paid on 20/03/2009
b) Individual measures
The applicants are no longer detained in police custody.
II.General measures
Following constitutional and legislative reforms, the law related to police custody were brought into conformity with the requirements of Article 5 of the Convention (see Sakik and others (Final Resolution ResDH(2002)110) and Ayaz and others (Final Resolution CM/ResDH(2008)29)).
It seems that the situation criticised by the European Court in Tanrıkulu Sinan and others case regarding the violation of Article 5§2 of the Convention is an isolated one. The judgment of the European Court in this case was translated and transmitted to the relevant authorities.
In view of these circumstances, no need for further specific general measures arise in these cases.
III.Conclusions of the respondent state
The government considers that the measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46 paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 30 September 2009 at the 1065th meeting of the Ministers’ Deputies
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