Resolution CM/ResDH(2020)352
Execution of the judgments of the European Court of Human Rights
Eight cases against Turkey
(Adopted by the Committee of Ministers on 8 December 2020
at the 1391st meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
52941/99
GÜLTEKIN AND OTHERS
31/05/2005
31/08/2005
48063/99
ORHAN ASLAN
20/10/2005
20/01/2006
27526/95
GÜNAYDIN
13/10/2005
15/02/2006
43925/98
KARAKAŞ AND YEŞİLIRMAK
28/06/2005
28/09/2005
42579/98
MURAT DEMİR
02/03/2006
02/06/2006
39813/98
SONER ÖNDER
12/07/2005
12/10/2005
40986/98
SONER AND OTHERS
27/04/2006
27/07/2006
42594/98
UÇKAN
22/06/2006
22/09/2006
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 of the prohibition of torture, including ineffectiveness of investigations and lack of a remedy in relation to torture and ill-treatment allegedly inflicted by law enforcement officers between 1991 and 1997 (violations of Article 3 and 13); and a violation of the right to a fair trial before an independent and impartial tribunal on account of the presence of a military judge on the bench of State Security Courts (violation of Article 6);
Noting that the substantive violations in these cases stemming from torture and other forms of ill-treatment by law enforcement officials have mainly been supervised by the Committee of Ministers under the Aksoy group (see Final Resolution CM/ResDH(2019)51);
Recalling that measures in relation to the presence of a military judge on the bench of State Security Courts were taken within the framework of the Çıraklar case (see Final Resolution DH(99)555) and the Gençel group (Final Resolution CM/ResDH(2013)256);
Recalling that measures in relation to excessive length of proceedings were taken within the framework of the Ormancı and Others group of cases (Final Resolution CM/ResDH(2014)298);
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 information provided by the government as regards the individual measures in these cases (see document DH-DD(2020)1080) and noted with deep regret, in the light of this information, that no further individual measures are possible in these cases; having moreover noted that the just satisfaction, where awarded, was paid by the government of the respondent State;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the ineffectiveness of investigations group (Batı group) of cases and that the closure of these cases 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 these cases as regards the individual measures and
DECIDES to close the examination of these cases.
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