Resolution CM/ResDH(2019)148
Execution of the judgments of the European Court of Human Rights
Seven cases against Turkey
(Adopted by the Committee of Ministers on 6 June 2019 at the 1348th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
47533/99
ERGIN (No. 6)
04/05/2006
04/08/2006
37033/03
AHMET DOGAN
10/03/2009
06/07/2009
56827/00
DUZGOREN
09/11/2006
09/02/2007
4211/02
ERUKCU
13/11/2008
13/02/2009
65344/01
ONARAN
05/06/2007
05/09/2007
70335/01
YURDATAPAN
08/01/2008
08/04/2008
2458/12
SAVDA (No. 2)
15/11/2016
15/02/2017
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 judgments transmitted by the Court to the Committee in these cases and to the violations established concerning the right to a fair trial on account of the lack of independence and impartiality of military courts trying civilians and the right to freedom of expression on account of the applicants’ convictions for expressing opinions critical of the requirement in Turkey to carry out compulsory military service (violations of Articles 6 and 10);
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 judgments, in particular the amendment to Article 318 of the new Criminal Code (No. 5237), which restricts liability to incitement of immediate desertion from the armed forces, or abstention from military service, and the practice of the domestic courts in applying the new offence in a manner consistent with Article 10 of the Convention, and also the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)359-rev);
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 these cases and
DECIDES to close the examination thereof.
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