Resolution CM/ResDH(2008)90[1]
Execution of the judgments of the European Court of Human Rights
Akkılıç and 5 other cases against Turkey
(See details in Appendix)
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 as “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 unlawful detention of the applicants in police custody (violation of Article 5§1), and/or the applicants’ prolonged detention in police custody (violations of Article 5§3) and/or the lack of an effective remedy by which the applicants might have determined 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 regard (violations of Article 5§5) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Turkey’s 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(2008)90
Information about the measures taken to comply with the judgments
in the cases of Akkılıç and 5 other cases against Turkey
Introductory case summary
These cases concern the unlawful detention of the applicants in police custody (violation of Article 5§1), and/or the applicants’ prolonged detention in police custody (violations of Article 5§3) and/or the lack of an effective remedy by which the applicants might have 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 regard (violations of Article 5§5).
I.Payments of just satisfaction and individual measures
a) Details for each case
Name and application number
Date of judgment
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Paid on
69913/01 Akkılıç
26/06/2007
26/09/2007
9 000 EUR
25/12/2007
12624/02
İnal
26/06/2007
26/09/2007
1 750 EUR
1 000 EUR
18/12/2007
76106/01
Baz and others
03/05/2007
03/08/2007
15 000 EUR
1 000 EUR
25/10/2007
13723/02 Medeni Kavak
03/05/2007
03/08/2007
2 500 EUR
285 EUR
25/10/2007
50091/99 Soysal
03/05/2007
03/08/2007
None
2 500 EUR
26/10/2007
77388/01
Keklik and others
03/10/2006
03/01/2007
13 500 EUR
1 500 EUR
29/03/2007
b) Individual measures
No individual measure is necessary as the applicants are no longer detained in police custody.
General measures
Following the constitutional and legislative reforms, provisions 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 ResDH (2008)29).
III.Conclusions of the respondent state
The government considers that the measures taken will prevent new, 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 8 October 2008 at the 1035th meeting of the Ministers’ Deputies
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