Resolution CM/ResDH(2016)304
Execution of the judgment of the European Court of Human Rights
Nart against Turkey
Application No.
Case
Judgment of
Final on
20817/04
NART
06/05/2008
06/08/2008
(Adopted by the Committee of Ministers on 26 October 2016
at the 1269th meeting of the Ministers’ Deputies)
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 judgment transmitted by the Court to the Committee in this case and to the violations established;
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 in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2016)10);
Recalling that the violations of the Convention found by the Court in this case concern the excessive length of the detention of a minor between 28/11/2003 and 16/01/2004 (violation of Article 5 § 3) and the lack of an effective remedy to challenge the lawfulness of the detention (violation of Article 5 § 4);
Recalling that the Committee decided to close the examination of the excessive length of detention of a minor in the Selçuk case (see CM/ResDH(2010)115);
Recalling further that the issue of an effective remedy to challenge the lawfulness of the detention is examined under the Demirel group of cases (application No. 39324/98);
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 this case and
DECIDES to close the examination thereof.
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