Resolution CM/ResDH(2008)94[1]
Execution of the judgments of the European Court of Human Rights
Değirmenci and others and Keskin against Turkey
(see details in Appendix)
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 the same day by the Court to the Committee;
Recalling that the applicants’ admissible complaints in these cases concerned mainly the length of criminal proceedings (violation of Article 6) (see details in Appendix);
Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards 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 invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its 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 agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sums provided for in the friendly settlement and that no other measure was required in these cases to comply with the Court’s judgments;
Having examined the information supplied by the government of Turkey,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and
DECIDES to close their examination.
Appendix to Resolution CM/ResDH(2008)94
Information about the measures taken to comply with the judgments
in the cases of Değirmenci and others and Keskin against Turkey
Introductory case summary
The applicants’ admissible complaints in these cases concern the length of criminal proceedings (Article 6§1) (in both cases), independence and impartiality of the Court Martial (Article 6§1) and right to have adequate time and facilities for the preparation of defence (Article6§3 b) (in the case of Değirmenci and others).
I.Payments and individual measures
a) Details of payments
Name and application No.
Date of judgment
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Paid on
Değirmenci and others/
31879/96
23/09/2003
23/09/2003
572 900 EUR
09/12/2003
Mahmut Keskin/ 40156/98
29/03/2005
29/03/2005
17 000 EUR
16/06/2005
b) Individual measures
The government paid the applicants the sums within the time-limit agreed under the terms of the friendly settlement and that no further measure is required in these cases to comply with the Court’s judgments.
II.General measures
No further undertakings are required under the terms of the friendly settlement reached by the parties.
[1] Adopted by the Committee of Ministers on 8 October 2008 at the 1035th meeting of the Ministers’ Deputies
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