Resolution CM/ResDH(2010)211[1]
Execution of the judgment of the European Court of Human Rights
Bülbül against Turkey
(Application No. 47297/99, judgment of 22/05/2007, final on 22/08/2007)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violations of the Convention found by the Court in this case concern the lack of independence and impartiality of a military judge who ordered the applicant’s detention on remand (violation of Article 5§3) as well as of a state security court which decided on his appeal against the detention order (Violation of Article 5§4) (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 judgment;
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 applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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
- of 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 this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)211
Information about the measures to comply with the judgment in the case of
Bülbül against Turkey
Introductory case summary
The case concerns the lack of independence and impartiality of the military judge who ordered the applicant’s detention on remand as well as of the state security court which decided on his appeal against the detention order (Violation of Article 5 § § 3, 4)
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
1500 EUR
-
1500 EUR
Paid on 14/11/2007
b) Individual measures
The applicant is no longer detained. 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 abolish 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
Full & Egal Universal Law Academy