Resolution CM/ResDH(2018)471
Execution of the judgments of the European Court of Human Rights
Two cases against Turkey
(Adopted by the Committee of Ministers on 6 December 2018 at the 1331st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
55354/11
CİVEK
23/02/2016
04/07/2016
63034/11
HALİME KILIÇ
28/06/2016
28/09/2016
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 arising from the failure of the authorities to protect the applicants’ mother (in the Civek case) and daughter (in the Halime Kılıç case) from being murdered by their husbands (violations of Article 2 and (Halime Kılıç case) 14 in conjunction with Article 2);
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 individual measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)997);
Noting that the perpetrator in the Civek case was convicted of murder and sentenced to life imprisonment and that the perpetrator in the Halime Kılıç case is dead, considers that no further individual measures are possible;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Opuz group of cases and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the State’s positive obligations to ensure effective protection from domestic violence and effective investigations;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.
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