Resolution CM/ResDH(2017)114
Execution of the judgments of the European Court of Human Rights
Six cases against Turkey
(Adopted by the Committee of Ministers on 5 April 2017 at the 1283rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
34520/97
ALINAK AND OTHERS
04/05/2006
04/08/2006
25723/94
ERDOĞDU
15/06/2000
15/06/2000
27690/03
GÜÇLÜ
10/02/2009
10/05/2009
17129/02
İSAK TEPE
21/10/2008
21/01/2009
27528/95
KIZILYAPRAK
02/10/2003
02/01/2004
5290/02
UNAY
21/10/2008
21/01/2009
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 judgments transmitted by the Court to the Committee in these cases 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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)145);
Recalling that the Committee closed similar cases concerning freedom of expression following convictions under former Article 8 of the Law against Terrorism No. 3713 in the context of the Arslan group of cases (see Resolution ResDH(2006)79);
Recalling that in two cases, Alınak and Others (34520/97) and Kızılyaprak (27528/95), the Court found a violation of Article 6 on account of the lack of independence and impartiality of state security courts and that the Committee closed the examination of a similar case (see Resolution DH(99)555 in the Çıraklar case);
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 these cases and
DECIDES to close the examination thereof.
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