Resolution CM/ResDH(2021)207
Execution of the judgments of the European Court of Human Rights
Mergen and Others group against Turkey
(Adopted by the Committee of Ministers on 16 September 2021
at the 1411th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
44062/09
MERGEN AND OTHERS
31/05/2016
31/08/2016
55835/09
AYŞE YÜKSEL AND OTHERS
31/05/2016
31/08/2016
55833/09
ERARSLAN AND OTHERS
19/06/2016
19/09/2016
62018/12
ALPERGİN AND OTHERS
27/10/2020
27/01/2021
67483/12
İŞÇİ AND OTHERS
20/10/2020
20/01/2021
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 arrest and pre-trial detention of the applicants in the absence of evidence to support a reasonable suspicion that they committed an offence (Article 5, paragraph 1) and lack of a hearing in examining the prolongation of detention on remand (Article 5 § 4);
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 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)673);
Considering that the question of individual measures was resolved, given that all applicants have been released from detention; decisions of non-prosecution or acquittal have been issued in respect of the applicants in the cases of Mergen and Others, Ayşe Yüksel and others, and Erarslan and others; and criminal proceedings are pending in respect of the applicants in the cases of Alpergin and others, and İşçi and others on the basis of evidence submitted at a later stage in criminal proceedings;
Recalling that the Committee closed the examination of the Karaosmanoğlu and Özden group of cases concerning lack of a hearing in examining the prolongation of detention on remand (see Final Resolution CM/ResDH(2017)91);
Recalling further 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 Nedim Sener group of cases and that the closure of this group of cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to unlawful detention in the absence of relevant or sufficient evidence;
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 as regards the individual measures and
DECIDES to close the examination thereof.
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