Resolution CM/ResDH(2019)146
Execution of the judgments of the European Court of Human Rights
Two cases against Turkey
(Adopted by the Committee of Ministers on 6 June 2019 at the 1348th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
42981/04
ÖVÜŞ
13/10/2009
13/01/2010
60328/09
İLKER ENSAR UYANIK
03/05/2012
03/08/2012
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 and to the violations arising from the failure of the domestic courts to apply the principles of the Hague Convention on the Civil Aspects of International Child Abduction (“the Hague Convention”) during proceedings relating to divorce, custody or the return of a child in parental abduction cases (Article 8) and to duly notify the applicant in the case of Övüş of the divorce proceedings initiated by her husband and the subsequent decisions taken (Article 6, paragraph 1).
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 individual 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(2019)346);
Noting that domestic courts ordered the return of the child to the United States of America in the Uyanık case, and that the applicant’s children in the Övüş case have attained the age of majority, consider therefore that no further individual measures are required;
Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continues to be examined within the framework of the Özmen case and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the State’s obligations to ensure effective implementation of The Hague Convention by domestic courts during the course of divorce/custody proceedings or upon a request for the return of a child in parental abduction;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and
DECIDES to close the examination of these cases.
Full & Egal Universal Law Academy