Resolution CM/ResDH(2024)236
Execution of the judgment of the European Court of Human Rights
Erçep against Turkey
(Adopted by the Committee of Ministers on 9 October 2024
at the 1509th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
43965/04
ERÇEP
22/11/2011
22/02/2012
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 violations established on account of the lack of independence and impartiality of military courts trying civilians and the absence of an alternative to compulsory military service;
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 execute the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)687);
Considering that the question of individual measures has been resolved, given that the applicant is no longer under an obligation to perform military service and that no mention of the proceedings that are the subject of this judgment appears in his criminal record;
Recalling that the issue on the independence and impartiality of military courts has been closed by the Committee (see Final Resolution CM/ResDH(2019)148);
Recalling that the question of general measures required in response to the other shortcomings found by the Court in this judgment continues to be examined within the framework of the Ülke v. Turkey group of cases, 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 in relation to the absence of an alternative service for those who refuse to perform military service on grounds of conscience;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that the necessary individual measures have been adopted;
DECIDES to continue to supervise the adoption of the necessary general measures concerning the absence of an alternative service for those who refuse to perform military service on grounds of conscience in the Ülke v. Turkey group;
DECIDES to close the examination of this case.