Resolution CM/ResDH(2024)56
Execution of the judgment of the European Court of Human Rights
Alat against Turkey
(Adopted by the Committee of Ministers on 20 March 2024
at the 1493rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
39513/11
ALAT
29/06/2021
29/06/2021
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 violation established on account of the applicant’s inability to confront the witness whose statements were used by trial courts as decisive evidence in criminal proceedings against him (violation of Article 6, paragraphs 1 and 3 (d) of the Convention);
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;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government indicating the individual measures adopted to give effect to the judgments and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2024)196);
Considering that the question of individual measures was resolved, given that in the course of the retrial, the domestic court heard the witness, who was the subject of the Court’s judgment, in the presence of the applicant and his lawyer;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Orhan Çaçan (26437/04) group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that no further individual measures are required;
DECIDES to continue to supervise the adoption of the necessary general measures in the Orhan Çaçan v. Turkey (26437/04) group;
DECIDES to close the examination of this case.