Resolution CM/ResDH(2019)330
Execution of the judgments of the European Court of Human Rights
22 cases against Turkey
(Adopted by the Committee of Ministers on 5 December 2019
at the 1362nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
37569/06
BAYAR AND GÜRBÜZ
27/11/2012
27/05/2013
16624/12
AYDEMİR AND KARAVİL
09/10/2018
09/10/2018
39690/06
BAYAR No. 1
25/03/2014
25/06/2014
40559/06
BAYAR No. 2
25/03/2014
25/06/2014
48815/06
BAYAR No. 3
25/03/2014
25/06/2014
2512/07
BAYAR No. 4
25/03/2014
25/06/2014
55197/07
BAYAR No. 5
25/03/2014
25/06/2014
55199/07
BAYAR No. 6
25/03/2014
25/06/2014
55201/07
BAYAR No. 7
25/03/2014
25/06/2014
55202/07
BAYAR No. 8
25/03/2014
25/06/2014
33037/07
BAYAR AND GÜRBÜZ (No. 2)
03/02/2015
03/05/2015
10758/09
BELEK AND ÖZKURT
13/02/2018
13/02/2018
28470/08
BELEK AND ÖZKURT (No. 2)
17/06/2014
17/09/2014
28516/08
BELEK AND ÖZKURT (No. 3)
17/06/2014
17/09/2014
4323/09
BELEK AND ÖZKURT (No. 4)
17/06/2014
17/09/2014
4327/09
BELEK AND ÖZKURT (No. 5)
17/06/2014
17/09/2014
4375/09
BELEK AND ÖZKURT (No. 6)
17/06/2014
17/09/2014
10752/09
BELEK AND ÖZKURT (No. 7)
17/06/2014
17/09/2014
25834/09
ÇELİK
04/09/2018
04/09/2018
25764/09+
YALÇINKAYA AND OTHERS
01/10/2013
09/02/2016
01/01/2014
09/02/2016
55828/08
AYDOĞAN
27/02/2018
27/02/2018
51497/09
MÜSLÜM YALÇINKAYA AND OTHERS
16/01/2018
16/01/2018
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;
Recalling that the violations of the Convention found by the Court in these cases primarily concern the violation of the right to access to court 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); other violations concern:
- the applicants’ convictions under Anti-Terrorism Law for having expressed opinions that did not incite hatred or violence (violations of Article 10) (this issue is being examined under the Öner and Türk (51962/12) group of cases);
- lack of adequate reasoning in domestic court decisions in the case of Yalcinkaya and Others (25764/09) (violation of Article 6) (this issue is being examined under the Asan (28582/02) case);
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 measures adopted to give effect to the judgments, in particular the amendment to Article 272, paragraph 3, of the new Code on Criminal Procedure (No. 5271), and also the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH- DH-DD(2019)1323);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
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