Resolution CM/ResDH(2022)59
Execution of the judgments of the European Court of Human Rights
15 cases against Turkey
(Adopted by the Committee of Ministers on 9 March 2022
at the 1428th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
55060/07
BAYAR
13/06/2017
13/06/2017
9735/12
MEHDİ TANRIKULU
05/05/2020
05/08/2020
31605/12
CİN
01/10/2019
01/10/2019
32954/12
KÖK
02/07/2019
02/07/2019
76224/12
NECDET ATALAY
19/11/2019
15/04/2020
69270/12
ÖZER No. 3
11/02/2020
11/05/2020
77711/11
SÜER
29/09/2020
29/09/2020
3752/11
ARSLAN AND OTHERS
10/07/2018
10/07/2018
37048/97
NURETTİN DEMİRTAŞ
09/10/2003
09/10/2003
52497/08
ALİ GÜRBÜZ
12/03/2019
09/09/2019
66327/09
BALBAL
10/10/2017
10/10/2017
324/10
DEMİR
07/01/2020
07/01/2020
17606/11
AYATA CİVELEK AND OTHERS
13/10/2020
13/10/2020
41551/11
ALİ ABBAS YILMAZ
07/07/2020
07/07/2020
25119/11
CELAL ALTUN
23/06/2020
23/06/2020
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 on account of the authorities’ unjustified interference with the applicants’ right to freedom of expression, right to freedom of assembly (in the case of Ayata Civelek and Others) due to the criminal proceedings initiated under various articles of the Criminal Code and Anti-Terrorism Law (violations of Article 10 and 11), and right to access to court (in the case of Bayar) on account of inadmissibility of the applicant’s appeal on points of law on grounds that level of fine was below statutory minimum for appeal (violations of Article 6) ;
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 obligations;
Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2022)52, DH-DD(2022)34);
Considering that the question of individual measures was resolved, given that the applicants’ convictions have been quashed and their criminal records have been erased;
Recalling that the issue on the right to access to court in the case of Bayar has been closed by the Committee (see final resolution CM/ResDH(2019)330);
Recalling that the question of general measures required in response to the other shortcomings found by the Court in the present judgments continues to be examined within the framework of the Öner and Türk (51962/12), Altuğ Taner Akçam (27520/07), Nedim Şener (38270/11), Artun and Güvener (75510/01) and Işıkırık (41226/09) groups of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.