Resolution CM/ResDH(2021)108
Execution of the judgments of the European Court of Human Rights
Five cases against Turkey
(Adopted by the Committee of Ministers on 9 June 2021
at the 1406th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
76960/11
KERVANCI
08/12/2020
08/12/2020
56816/10
BOZAN
29/09/2020
29/09/2020
42153/11
RAMAZAN TAŞ
07/07/2020
07/07/2020
65808/10
ZÜLKÜF MURAT KAHRAMAN
16/07/2019
16/10/2019
45540/09
SEYFETTİN DEMİR
19/05/2020
19/05/2020
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 and the violations found on account of the fact that the applicants were sentenced for membership of an illegal organisation under Articles 220 §§ 6 or 7 of the Criminal Code as a result of having peacefully exercised their right to freedom of assembly and freedom of expression (violations of Articles 10 and 11);
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 obligations;
Having examined the information provided by the government indicating the individual measures adopted 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(2021)360);
Considering that the question of individual measures was resolved, given that the applicants’ convictions have been quashed and their criminal records have been erased;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Isikirik group of cases (41226/09) 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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