Resolution CM/ResDH(2008)97[1]
Execution of the judgment of the European Court of Human Rights
Karataş and Boğa and 2 other cases against Turkey
(see details in Appendix)
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 the same day by the Court to the Committee;
Recalling that the applicants’ admissible complaints in these cases concerned the actions of security forces (see details in Appendix);
Whereas in these cases the Court, having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike these cases out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under these friendly settlements it was agreed that the government of the respondent state would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sums provided in the friendly settlement and that no other measure was required in these cases to comply with the Court’s judgment;
Having noted that the Committee of Ministers is examining the general measures adopted by Turkey and outstanding issues in the context of the cases concerning the action of the security forces (see Interim Resolution ResDH(2005)43);
Having examined the information supplied by the government of Turkey,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and
DECIDES to close their examination.
Appendix to Resolution CM/ResDH(2008)97
Information about the measures taken to comply with the judgments
in the cases of Karataş and Boğa and 2 other cases against Turkey
Introductory case summary
The applicants’ admissible complaints in these cases concern their alleged ill-treatment of the applicants by police during their arrest and police custody (Article 3) (in the case of Karataş and Boğa); the alleged destruction of the applicant’s house and removal of his property by security forces in the state of emergency region (Articles 3, 5, 6, 8, 13 and 14 of the Convention and Article1 of Protocol No. 1) (in the case of Şevket İşçi); the death of the applicants’ relative and the burning of their house (Articles 2, 8, 13 of the Convention and Article 1 of Protocol No. 1) (in the case of Çardakçi and others).
I.Payment of just satisfaction and individual measures
a) Details of payments
Name and application No.
Date of judgment
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
Paid on
Karataş and Boğa/
24669/94
17/10/2000
17/10/2000
85 000 French Francs
10/11/2000
Şevket İşçi/ 31849/96
25/09/2001
25/09/2001
15 000 Pounds Sterling
26/12/2000
Çardakçı and others/ 39224/98
23/01/2007
23/01/2007
20 000 EUR
03/04/2007
b) Individual measures
The government paid the applicants the sums within the time-limit agreed to under the terms of the friendly settlement and no other measures are required in these cases to comply with the Court’s judgment.
II.General measures
No other undertakings are required under the terms of the friendly settlement reached by the parties.
[1] Adopted by the Committee of Ministers on 8 October 2008 at the 1035th meeting of the Ministers’ Deputies
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