Resolution CM/ResDH(2023)302
Execution of the judgment of the European Court of Human Rights
Ekrem against Turkey
(Adopted by the Committee of Ministers on 18 October 2023
at the 1478th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
75632/01
EKREM
12/06/2007
12/09/2007
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 on account of ineffectiveness of investigations (violation of 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 to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)702);
Noting with deep regret that no further measures could be taken in this case because of the applicable prescription periods;
Recalling that the Committee continues to supervise the execution of general measures related to the accountability of members of the security forces, in particular, the need for administrative authorisation to prosecute certain crimes other than torture and ill-treatment in the Bati and Others group of cases; and the remaining issues concerning the overall conduct of police and gendarmerie operations, in the Erdoğan and Others group, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that no further individual measures could be taken in this case because of the applicable prescription periods;
DECIDES to continue to supervise the adoption of the necessary general measures on the need for administrative authorisation to prosecute certain crimes other than torture and ill-treatment and the overall conduct of police and gendarmerie operations within the framework of the Batı and Others and Erdoğan and Others;
DECIDES to close the examination of this case.