Resolution CM/ResDH(2022)297
Execution of the judgment of the European Court of Human Rights
Okan Güven and Others against Turkey
(Adopted by the Committee of Ministers on 3 November 2022
at the 1447th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
13476/05
OKAN GÜVEN AND OTHERS
14/11/2017
09/04/2018
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 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 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(2022)1036);
Having noted that the outstanding questions related to the lack of reasoning in judicial decisions continue to be examined under the Deryan group of cases (Application No. 41721/04) and that the closure of the present case therefore in no way prejudges the Committee’s evaluation of the general measures required in respect of this issue;
Having further noted that the issues related to violations of Articles 6 of the Convention on account of the excessive length of proceedings have been examined undervthe Ormancı group of cases (Application No. 43647/98) of which the examination has been closed (see Resolution CM/ResDH(2014)298);
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.