Resolution CM/ResDH(2014)298
Execution of the judgments of the European Court of Human Rights in
282 cases against Turkey
Application No.
Case
Judgment of
Final on
24240/07 +
ORMANCI AND OTHERS (list of cases)
21/12/2004
21/03/2005
(Adopted by the Committee of Ministers on 17 December 2014
at the 1215bis 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 judgments transmitted by the Court to the Committee in these cases (see list of cases) and to the violations established;
Recalling that the violations of the Convention found by the Court in these cases primarily concern the excessive length of domestic proceedings and lack of an effective remedy in this respect; other violations concern:
- the loss in value of the compensation due to length of proceedings (violation of Article 1 of Protocol No.1 in the cases Güldane Acar and Others (1395/03), Zeytinli (42952/04) (this issue is being examined under the Okçu group of cases);
- the loss in value of the additional compensation awarded by a domestic court due to the administration’s delay in payment (violation of Article 1 of Protocol No. 1 in the cases Akan (9574/03) and Gezer (18704/04), (this issue was examined under the Aka group of cases (see ResDH(2001)70));
- the lack of independence and impartiality of military courts trying civilians (violation of Article 6§1 in the case of Özel and Others (37626/02)), (this issue is being examined under the Ergi (6) group of cases);
- the lack of an oral hearing in compensation proceedings and failure to communicate to the applicants the prosecutor’s opinion before the Court of Cassation or the Council of State (violation of Article 6§1 in the cases Gürkan (1154/04), Mehmet Yolcu (33200/05), Veli Yalçın (29459/05), Şahin Volkan (34400/02), Bozooğlu (25099/04)), (these issues were examined under the Meral group of cases (see Final Resolutions CM/ResDH(2012)226) and the Mehmet Göç group of cases (see Final Resolution CM/ResDH(2011)307) respectively);
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 judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2014)1468);
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 and
DECIDES to close the examination thereof.
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