Resolution CM/ResDH(2011)281[1]
Execution of the judgment of the European Court of Human Rights
Naif Demirci against Turkey
(Application No. 17367/02, judgment of 26/05/2009, final on 26/08/2009)
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 judgment transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the unlawfulness of the applicant’s transfer to gendarmerie premises for further interrogation after being placed in pre‑trial detention under the state of emergency legislation (violation of Article 5§1), lack of a remedy in this respect (violation of Article 5§4) and lack of a right to compensation (violation of Article 5§5) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
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 set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2011)281
Information about the measures to comply with the judgment in the case of
Naif Demirci against Turkey
Introductory case summary
The case concerns the unlawfulness of the applicant’s transfer to gendarmerie premises for further interrogation after being detained on remand on the basis of Decree-Law No. 430 on additional measures to be taken in the region covered by the state of emergency (violation of Article 5§1), lack of a remedy in this respect (violation of Article 5§4), and lack of a right to compensation for unlawful detention (violation of Article 5§5).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
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4 500 EUR
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4 500 EUR
Paid on 13/11/2009
b) Individual measures
No individual measure was considered necessary by the Committee of Ministers, since the applicant is no longer detained.
II.General measures
The case presents similarities to those of Dağ and Yaşar against Turkey and Karagöz against Turkey closed by final Resolution CM/ResDH(2007)96 which set out the necessary general measures already adopted by the Turkish authorities. In November 2002 the state of emergency was lifted in all regions in Turkey. Consequently, Decree-Law No. 430 is no longer in force.
III.Conclusions of the respondent state
The government considers that no individual measure is required apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 2 December 2011 at the 1128th Meeting of the Ministers’ Deputies
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