Resolution CM/ResDH(2017)130
Execution of the judgment of the European Court of Human Rights
D.Y.S. against Turkey
(Adopted by the Committee of Ministers on 19 April 2017
at the 1284th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
49640/07
D.Y.S.
16/07/2015
16/10/2015
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 judgment transmitted by the Court to the Committee in this case and to the violation established;
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;
Recalling that the Court found a violation of the right to a fair trial on account of the failure to communicate to the applicant the prosecutor’s opinion before the Court of Cassation (violation of Article 6, paragraph 1);
Recalling that the Committee closed the examination of similar cases (see Final Resolution CM/ResDH(2011)307 in the Göç group of cases);
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 measures adopted in order to give effect to the judgment, and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2017)153);
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
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