Resolution CM/ResDH(2010)207[1]
Execution of the judgments of the European Court of Human Rights
in two cases against Turkey
(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 violations of the Convention found by the Court in these cases concern the applicants’ right to a fair trial before an independent and impartial tribunal due to the presence of a military judge in proceedings before state security courts (violations of Article 6, paragraph 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, within the time-limit set, 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)207
Information on the measures taken to comply with the judgments
in two cases against Turkey
Introductory case summary
The cases concern the violation of the applicants’ right to a fair trial by an independent and impartial court due to the presence of a military judge on the bench of the state security court which tried and convicted them (violation of Article 6§1).
I.Payments of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Atça and others (41316/98)
-
-
14 000 EUR
14 000 EUR
Paid on 21/05/2003
Saçık (60847/00)
-
-
1 524 EUR
1 524 EUR
Paid on 18/05/2004
b) Individual measures
The applicants, having served their prison sentences, were freed at various dates. Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
General measures to avoid new violations, similar to those found in these judgments, were taken in the context of the Çıraklar case (Resolution DH(99)555). In particular, the amendment of Article 143 of the Turkish Constitution (Law No. 4388 adopted 18/06/1999) and the entry into force of Law No. 4390 on 22/06/1999, put an end to the role of military judges on state security courts. Moreover on 07/05/2004, Parliament adopted a constitutional amendment abolishing state security courts.
III.Conclusions of the respondent state
The government considers that no individual measure is required, apart from the payment of the just satisfaction, 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 2 December 2010 at the 1100th meeting of the Ministers’ Deputies
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