Resolution CM/ResDH(2018)266
Execution of the judgments of the European Court of Human Rights
16 cases against Turkey
(Adopted by the Committee of Ministers on 4 July 2018
at the 1321st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
60366/00
KAHRAMAN
31/10/2006
31/01/2007
15067/04
CEVAHIRLI
19/10/2010
19/01/2011
26718/05
ÇATAK
06/10/2009
06/01/2010
2843/05
TEVFİK OKUR
29/09/2009
29/12/2009
3055/04
TOPAL
21/04/2009
21/07/2009
38011/05
MERDAN
29/09/2009
29/12/2009
38287/04+
TAMAY AND OTHERS
29/09/2009
01/03/2010
4027/05
KARAARSLAN
27/07/2010
27/10/2010
43554/04
İLTER
29/09/2009
29/12/2009
43696/04
OKAN ERDOĞAN
29/09/2009
29/12/2009
43980/04
MIRAN
21/04/2009
21/07/2009
44058/04
ÖZCAN KORKMAZ AND OTHERS
01/12/2009
08/07/2010
44292/04
CIHANGÜL
29/09/2009
29/12/2009
59739/00
GÜNER ÇORUM
31/10/2006
31/01/2007
59741/00
AKSOY (EROĞLU)
31/10/2006
31/01/2007
9871/05
AKIN ŞAHIN
14/09/2010
14/12/2010
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;
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 including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)86-rev);
Recalling that the violations of the Convention found by the Court in these cases primarily concern the right to a fair trial on account of the applicants’ lack of access to classified documents; other violations concern the right to a fair trial on account of the non-communication of the written opinion of the general prosecutor to the applicants during the proceedings before the Supreme Military Administrative Court (violations of article 6, paragraph 1) in the cases of Tevfik Okur (2843/05), Tamay and Others (38287/04), Karaarslan (4027/05), Okan Erdoğan (43696/04), Miran (43980/04), Özcan Korkmaz and Others (44058/04) and Cihangül (44292/04) (this issue was examined under the Dikel group of cases (see Final Resolution CM/ResDH(2014)124);
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.
Full & Egal Universal Law Academy