Resolution CM/ResDH(2010)64[1]
Execution of the judgments of the European Court of Human Rights
in 23 cases against Turkey concerning the unfairness of certain criminal proceedings
(See Appendix for details of the cases)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violation of the Convention found by the Court in these cases concern the unfairness of certain criminal proceedings due to the failure to hold hearings in cases in which the applicants were ordered to pay small fines by “sentence orders” adopted on the basis of an examination of the file (violations of Article 6§1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its 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(2010)64
Information about the measures to comply with the judgments of the European Court of Human Rights in 23 cases against Turkey concerning the unfairness of certain criminal proceedings
Introductory case summary
These cases relate to the unfairness of certain criminal proceedings due to the failure to hold hearings in cases in which the applicants were ordered to pay small fines by “sentence orders” adopted on the basis of an examination of the file, (violations of Article 6§1) (see details in Appendix).
Payment of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Arslan Adem 75836/01
------
500 EUR
500 EUR
Paid on 19/06/2007
Oyman 39856/02
--------
150 EUR
150 EUR
Paid on 21/09/2007
Barışık and Alp 29765/02+
No just satisfaction was awarded.
Paid on ...
Bolluk 34506/03
No just satisfaction was awarded.
Dağlı 28888/02
-----------
--------------------
500 EUR
500 EUR
Paid on 12/05/2008
Erseven and others 27225/02
-----------
--------------------
1500 EUR
1500 EUR
Paid on 03/07/2008
Gençer Yusuf 6291/02
No just satisfaction was awarded.
Karahanoğlu Mehmet 74341/01
-----------
--------------------
1000 EUR
1000 EUR
Paid on 11/05/2007
Karakaya 11424/03
No just satisfaction was awarded.
Kaya Mevlüt 1383/02
EUR 200
--------------------
500 EUR
700 EUR
Paid on 21/09/2007
Köseoğlu 36594/04
No just satisfaction was awarded.
Önen Evrenos 29782/02
EUR 2160
--------------------
1000 EUR
3160 EUR
Paid on 03/08/2007
Orhan Erkan 19497/02
No just satisfaction was awarded.
Sümer 27158/02
-----------
1000 EUR
1000 EUR
2000 EUR
Paid on 03/08/2007
Taner 38414/02
No just satisfaction was awarded.
Tanyar and Küçükergin 74242/01
-----------
--------------------
1500 EUR
1500 EUR
Paid on 01/06/2007
Uğurlu 45/04
-----------
--------------------
1500 EUR
EUR 1500
Paid on 01/12/2008
Varsak 6281/02
-----------
--------------------
600 EUR
EUR 600
Paid on 14/08/2007
Yılmaz Nurhan No.2 16741/04
No just satisfaction was awarded.
Yılmaz Nurhan 21164/03
-----------
1000 EUR
--------------
EUR 1000
Paid on 29/05/2008
Günseli Kaya No.2 40886/02
No just satisfaction was awarded
Kaya Günseli
40885/02
-----------
-----------
1600 EUR
EUR 1600
Paid on 03/04/2009
Yalvaç 21502/04
-----------
--------------------
1500 EUR
EUR 1500
Paid on 26/11/2008
b) Individual measures
The applicants were ordered to pay insignificant amounts in fines following proceedings during which they were deprived of their right to have a hearing. The violations found are not therefore based on procedural errors or shortcomings of such a gravity that a serious doubt is cast on the outcome of domestic procedures, within the meaning of the Recommendation Rec(2000)2 on the re-examination of reopening of certain cases at domestic level. Consequently, no other individual measures apart from the payment of just satisfaction are necessary.
II.General measures
The provision preventing the holding of public hearings was declared unconstitutional by a decision of the Constitutional Court of June 2004 in the light of Article 6 of the Convention and Article 36 of the Turkish Constitution (right to a trial). Furthermore, the new Code of Criminal Procedure, which came into force in June 2005, contains no provision on “sentence orders”. In these circumstances, no further general measures appear necessary.
III.Conclusions of the respondent state
The government considers that no individual measure is required, apart from the payment of the just satisfaction and that the general measures adopted will prevent 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 3 June 2010 at the 1086th meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy