Resolution CM/ResDH(2016)206
Execution of the judgment of the European Court of Human Rights
Adırbelli and others against Turkey
Application No.
Case
Judgment of
Final on
20775/03
ADIRBELLI AND OTHERS
02/12/2008
02/03/2009
(Adopted by the Committee of Ministers on 6 September 2016
at the 1263rd 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, 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;
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;
Recalling that the violations of the Convention found by the Court in this case concern the unlawfulness of the detention in police custody and the lack of an effective remedy in this regard (violations of Article 5, paragraphs 1 and 4) as well as the absence of an enforceable right to compensation for unlawful detention (violation of Article 5, paragraph 5);
Recalling that the Committee decided to close the examination of similar cases in its final resolution concerning the case of Ayaz and Others and 34 cases (see CM/ResDH(2008)29);
Recalling that at the 1059th meeting (DH) the Committee decided to resume consideration of this case in the light of a draft final resolution, once the just satisfaction has been paid;
Having regard to the fact that the just satisfaction was duly paid and having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
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