Resolution CM/ResDH(2026)38
Execution of the judgment of the European Court of Human Rights
Ataç against Turkey
(Adopted by the Committee of Ministers on 11 March 2026
at the 1553rd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
70607/12
ATAÇ
17/12/2019
17/12/2019
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 unjustified conviction of the applicant for insulting a public official under Article 125 § 3 of the Criminal Code;
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 execute the judgment and noting that no award of just satisfaction was made by the Court in this case (see document DH-DD(2026)98);
Considering that the question of individual measures was resolved, given that the applicant has been acquitted in the reopened domestic proceedings in this case;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Artun and Güvener 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 in relation to criminal defamation proceedings, in particular relating to convictions for insulting public officials under Article 125 § 3 of the Criminal Code;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures in relation to criminal defamation proceedings concerning unjustified convictions for insulting public officials under Article 125 § 3 of the Criminal Code in the Artun and Güvener group;
DECIDES to close the examination of this case.