Resolution CM/ResDH(2008)91[1]
Execution of the judgments of the European Court of Human Rights
Cankoçak and 7 other cases against Turkey
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 violation of the Convention found by the Court in these cases concerns the excessive length of criminal proceedings before martial law courts (see details in the Appendix) (violation of Article 6§1);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Turkey’s 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(2008)91
Information about the measures taken to comply with the judgments
in the cases of Cankoçak and 7 other cases against Turkey
Introductory case summary
These cases concern the excessive length of criminal proceedings in particular before Martial Law Courts (jurisdiction abolished by a Law of 27/12/1993) and also partly before ordinary criminal courts (violations of Article 6§1). The proceedings, of which the European Court took account as from 28/01/1987 (the date of Turkey’s recognition of the right of individual petition), began in the 1980s and ended in the 1990s.
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
25182/94 Cankoçak
-
100 000 FRF
10 000 FRF
110 000 FRF
Paid on 20/10/2004
47117/99 Ege
-
12 000 EUR
2 000 EUR
14 000 EUR
Paid on 27/09/2005
47116/99 Gümüşten
-
12 000 EUR
2 000 EUR
14 000 EUR
Paid on 24/05/2005
29360/95 Ketenoğlu
-
200 000 FRF
15 000 FRF
215 000 FRF
Paid on 15/02/2002
29700/96 Metinoğlu
-
15 250 EUR
1 200 EUR
16 450 EUR
Paid on 10/07/2002
29701/96 Özcan
-
15 250 EUR
1 200 EUR
16 450 EUR
Paid on 10/07/2002
44754/98 Yaşar
-
12 500 EUR
1 500 EUR
14 000 EUR
Paid on 13/10/2006
29703/96 Zulal
-
15 250 EUR
1 200 EUR
16 450 EUR
Paid on 09/07/2002
b) Individual measures
Proceedings in these cases have ended.
II.General measures
These cases present similarities to other cases concerning, among other things, the excessive length of criminal proceedings before martial law courts, such as that of Şahiner and others against Turkey, which was closed by Final Resolution ResDH(2002)86 following the adoption of general measures by the Turkish authorities, in particular the abolishment of the jurisdiction of martial law courts.
III.Conclusions of the respondent state
The government considers that the measures taken will prevent new, 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 8 October 2008 at the 1035th meeting of the Ministers’ Deputies
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