Resolution CM/ResDH(2022)435
Execution of the judgments of the European Court of Human Rights
Seven cases against Türkiye
(Adopted by the Committee of Ministers on 14 December 2022
at the 1452nd meeting of the Ministers' Deputies)
Application Nos.
Cases
Judgment of
Final on
5981/03
KESER AND KÖMÜRCÜ
23/06/2009
23/09/2009
36672/97
KURNAZ AND OTHERS
24/07/2007
24/10/2007
29675/02
LEYLA ALP AND OTHERS
10/12/2013
10/03/2014
23698/07
MİMTAŞ
19/03/2013
19/06/2013
42136/06
PEKER (No. 2)
12/04/2011
12/07/2011
43044/05+
SACILIK AND OTHERS
05/07/2011
14/04/2015
05/10/2011
14/09/2015
7309/04
VEFA SERDAR
27/01/2015
01/06/2015
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 on account of death or ill-treatment during raids to quell prison riots or during related prison transfers and/or the lack of effective investigation into the events (violations of the substantive and/or procedural aspects of Articles 2 or 3 of the Convention);
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(2022)1349-rev) and noted with deep regret that no further individual measures are possible in these cases; having moreover noted that the just satisfaction amounts were 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 continue to be examined within the framework of the Gomi and Others (application No. 35962/97) group and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures;
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.