Resolution CM/ResDH(2017)18
Execution of the judgment of the European Court of Human Rights
Alfatlı and Others (applicant Mahmut Memduh Uyan) against Turkey
(Adopted by the Committee of Ministers on 18 January 2017
at the 1275th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
32984/96
ALFATLI AND OTHERS
(applicant Mahmut Memduh Uyan)
30/10/2003
24/03/2004
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;
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 measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)1139);
Noting that the European Court found violations of Article 6 § 1 on account of excessive length of the criminal proceedings before the Martial Law Court and lack of independence and impartiality of that court;
Recalling that within the context of the Mitap and Müftüoğlu case the Committee closed the examination of the same violations concerning the excessive length of detention on remand, the excessive length of criminal proceedings, the lawfulness, independence and impartiality of the Martial Law Court and the fairness of the proceedings (see Final Resolution DH(98)89);
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.
Full & Egal Universal Law Academy