Resolution CM/ResDH(2009)17[1]
Execution of the judgment of the European Court of Human Rights
Emir against Turkey
(Application No. 10054/03, judgment of 03/05/2007, final on 03/08/2007)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns an interference with the applicant’s right to freedom of expression (violation of Article 10) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with Turkey’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
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 set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures, preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case; and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2009)17
Information about the measures to comply with the judgment in the case of
Emir against Turkey
Introductory case summary
The case concerns an unjustified interference with the applicant’s freedom of expression as a result of his conviction under Article 169 of the former Criminal Code for “facilitating the activities of [a gang or an armed organisation]” on account of a series of articles published in a magazine recounting the action of security forces in Turkish prisons. The European Court considered that this interference was disproportionate and not necessary in a democratic society (violation of Article 10).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
-
1 000 euros
2 000 euros
3 000 euros
Paid on 26/10/2007
b) Individual measures
Following the modification introduced in Article 169 of the Criminal Code in 2003, the charges against the applicant ceased to be a criminal offence. Accordingly, the applicant’s conviction was erased.
II.General measures
Law No: 4963 adopted on 30 July 2003 and published in the Official Gazette of 7 August 2003 partially amended Article 169 of the Criminal Code by providing for the deletion of the phrase “facilitating the activities of [a gang or an armed organisation]”. The new Criminal Code which came into force in June 2005 does not contain a similar provision either.
III.Conclusions of the respondent state
The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, that these measures will prevent new, similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1 of the Convention.
[1] Adopted by the Committee of Ministers on 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies
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