Resolution CM/ResDH(2008)95[1]
Execution of the judgment of the European Court of Human Rights
Dürdane and Selvihan Arslan against Turkey
(Application No. 57908/00, judgment of 10/01/2006, friendly settlement)
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 this case concerned the right to life (Article 2) and the length of certain proceedings before administrative courts (Article 6§1) (see details in Appendix);
Whereas in this case 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 settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this 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 this friendly settlement it was agreed that the government of the respondent state would pay the applicants 13 000 EUR (see Appendix), within three months as from the notification of the judgment;
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 on that on 13/10/2006, within the time-limit agreed 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 this case to comply with the Court’s judgment;
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 this case and
DECIDES to close its examination.
Appendix to Resolution CM/ResDH(2008)95
Information about the measures taken to comply with the judgment
in the case of Dürdane and Selvihan Arslan against Turkey
Introductory case summary
The applicants’ admissible complaints in this case concern the alleged negligence of the administrative authorities in their obligation to take necessary measures to protect the life of their husband and father (Article 2) and the length of compensation proceedings brought against the administration (Article 6§1).
I.Payments and individual measures
a) Details of payments
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
10 000 EUR
3 000 EUR
13 000 EUR
Paid on 07/04/2006
b) Individual measures
The government paid the applicants the sum within the time-limit agreed under the terms of the friendly settlement and that no other measures are required in this case to comply with the Court’s judgment.
II.General measures
No other 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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