Resolution CM/ResDH(2018)457
Execution of the judgment of the European Court of Human Rights
Bayav against Turkey
(Adopted by the Committee of Ministers on 12 December 2018
at the 1332nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
45140/05
BAYAV
22/11/2011
22/02/2012
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;
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 judgment, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2018)1026);
Recalling that the Committee closed the examination of other similar cases concerning the violation of the applicants’ right to a fair trial on account of lack of an oral hearing in compensation proceedings (see Final Resolution CM/ResDH(2011)307 in the Göç group of cases);
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 this case and
DECIDES to close the examination thereof.
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