Final Resolution CM/ResDH(2007)16
Human Rights
Application No. 25658/94
Aslantaş against Turkey
(Adopted by the Committee of Ministers on 28 February 2007,
at the 987th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to Interim Resolution DH (99)560, adopted on 8 October1999 in the case of Aslantaş against Turkey, in which the Committee of Ministers decided that there had been a violation of the applicant's freedom of expression (violation of Article 10), and to make public the report of the European Commission of Human Rights;
Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 30/10/1999;
Whereas at the 721st meeting of the Ministers' Deputies, the Committee of Ministers, agreeing with the Commission's proposals, held by a decision adopted on 2/10/2000, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay the applicant as just satisfaction, within three months, 24 024.44 pounds sterling in respect of pecuniary damage, 30 000 French francs in respect of non-pecuniary damage and 7 000 pounds sterling in respect of costs and expenses, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicant;
Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 8 October 1999 and 2 October 2000, having regard to Turkey's obligation under former Article 32, paragraph 4, of the Convention to abide by them;
Whereas the Committee of Ministers satisfied itself that on 27 March 2003, the government of the respondent state had paid the applicant the sums awarded as just satisfaction by decision of 2/10/2000, including the default interest due,
Recalling that a finding of violations requires, over and above the payment of just satisfaction awarded, 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 new, similar violations;
Having examined the measures taken by the respondent state to that effect,
Recalling that in its Interim Resolution (2004)38 of 2 June 2004 the Committee of Ministers decided that its examination of those cases involving applicants convicted on the basis of former Article 8 of the Anti‑terrorism Law would be closed upon confirmation that the necessary individual measures had been taken;
Noting with satisfaction that the applicant's conviction under former Article 8 of the anti-terrorism law No. 3713 and the consequences of this conviction for the applicant have been fully erased by decision of Ankara State Security Court No. 1 on 25 March 2003, deleting the applicant's conviction from his judicial records ;
Noting furthermore the general measures taken by the respondent State to avoid new violations of the same kind as the one found in this case, notably the abrogation of former Article 8 of the Anti-terrorism Law No. 3713 on 17 July 2003 (see for details Resolution ResDH(2006)79 adopted on 20 December 2006 in 32 cases against Turkey concerning freedom of expression following convictions under former Article 8 of the Law against Terrorism No. 3713),
Declares, after having examined the measures taken by the Government of Turkey, that it has exercised its functions under former Article 32 of the Convention in this case.
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