Resolution CM/ResDH(2021)196
Execution of the judgment of the European Court of Human Rights
İncin 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
3534/06
İNCİN
09/01/2018
28/05/2018
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 found regarding ineffectiveness of criminal prosecutions in relation to the death of the applicant’s close relative (procedural violation of Article 2) on account of excessive length of the criminal proceedings;
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 (see document DH-DD(2021)672) and noted with deep regret, in the light of this information, that no further individual measures are possible in this case; having moreover noted that the just satisfaction amount was paid by the government of the respondent State;
Recalling that the question of general measures required in response to ineffectiveness of investigations in respect of excessive length of proceedings in cases concerning the right to life continues to be examined within the framework of the Batı and Others group and that the closure of this case 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 this case as regards the individual measures and;
DECIDES to close the examination thereof.
Full & Egal Universal Law Academy