Resolution ResDH(2005)41
concerning the judgment of the European Court of Human Rights
of 30 January 2001 (Friendly settlement)
in the case of Cihan against Turkey
(Adopted by the Committee of Ministers on 25 April 2005
at the 922nd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgment of the European Court of Human Rights in the Cihan case delivered on 30 January 2001 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;
Recalling that the case originated in an application (No. 25724/94) against Turkey, lodged with the European Commission of Human Rights on 27 August 1994 under former Article 25 of the Convention by Mr Ahmet Cihan, a Turkish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints relating to the unlawfulness of his arrest, to his prolonged detention in police custody in Ankara without any judicial review, to the absence of judicial remedy to challenge the lawfulness of the detention and to the impossibility to claim compensation in respect of the excessive length of that detention;
Whereas in its judgment of 30 January 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicant the sum of 50 000 French francs, i.e. 30 000 French francs in respect of damages and 20 000 French francs in respect of costs and expenses, upon the date of notification of the judgment;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 29 March 2001 and on 22 September 2004[1] the Government of the respondent state had paid the applicant the sums provided for in the friendly settlement,
Recalling that, as regards the applicant's complaints declared admissible in this case, measures had already been taken to prevent possible violations of the Convention arising from this kind of complaint, in particular through the amendments of the legislation governing police custody (see Resolution DH(2002)110 in the case of Sakık and others);
Declares, after having examined the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
[1] The first payment amounted to 6 646 330 000 Turkish liras, equivalent to 49 308,78 French francs at the exchange rate applicable at the time of the settlement; the second was due to problems arising from currency conversions and corresponds to the remainder of the sums agreed to in the settlement, i.e. 195 250 000 Turkish liras or 688,75 French francs.
Full & Egal Universal Law Academy