Resolution CM/ResDH(2017)374
Execution of the judgment of the European Court of Human Rights
Enerji Yapı-Yol Sen against Turkey
(Adopted by the Committee of Ministers on 25 October 2017
at the 1298th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
68959/01
ENERJI YAPI-YOL SEN
21/04/2009
06/11/2009
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;
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, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2017)553);
Having noted that the violation in the present case originated from the implementation of a decree restricting the right of civil servants to participate in public gatherings, which was repealed in 2007;
Having also noted that the cases concerning violations of civil servants’ rights under Article 11 of the Convention are being examined within the context of other cases, in particular, disciplinary punishment imposed on civil servants for having participated in trade union activities is examined under the Kaya and Seyhan group of cases (30946/04); displacement of civil servants as a consequence of their participation in trade union meetings is examined under the Müslüm Çiftçi case (30307/03); reduction of salaries of civil servants for having participated in trade unions’ activities is being examined under the Dilek and Others case (74611/01) and criminal sanctions imposed on civil servants for having participated in trade unions’ activities is being examined under the Urcan case (23018/04);
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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