Resolution CM/ResDH(2021)109
Execution of the judgments of the European Court of Human Rights
Twenty-six cases against Turkey
(Adopted by the Committee of Ministers on 9 June 2021
at the 1406th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
64138/11
POLAT
07/05/2019
07/05/2019
53319/10
UÇAR
05/03/2019
05/03/2019
69448/10
DAĞTEKİN
28/05/2019
28/05/2019
33513/11
DAĞTEKİN
28/05/2019
28/05/2019
73487/12
TAŞ ÇAKAR
28/05/2019
28/05/2019
73954/11
KILINÇ
02/07/2019
02/07/2019
35575/12
ETE
03/09/2019
03/09/2019
66575/12
YILDIZ
03/09/2019
03/09/2019
62928/12
ARAMAZ
01/10/2019
01/10/2019
54093/10
ALTUN AND OTHERS
10/07/2018
10/07/2018
47455/10
ABAY
04/02/2020
04/02/2020
47884/10
BAYDEMİR
15/01/2019
15/01/2019
73783/11
BAKIRHAN
17/03/2020
17/03/2020
9662/10
YURTDAŞ AND SÖYLEMEZ
19/11/2019
19/11/2019
69604/12+
YAMAÇ
01/10/2019
01/10/2019
74054/11
YILDIRIM
25/09/2018
25/09/2018
54698/13
KALKAN
01/10/2019
01/10/2019
21196/12
KALKAN
01/10/2019
01/10/2019
63681/12
AKYÜZ
07/05/2019
07/05/2019
22112/12
AKTAŞ AND OTHERS
01/10/2019
01/10/2019
27167/12
ZÜMRÜT
17/03/2020
17/03/2020
30905/09
ALİ ÇETİN
20/06/2017
20/09/2017
44982/07
ONAL No. 2
02/07/2019
02/10/2019
29680/05
DİLİPAK
15/09/2015
02/05/2016
871/08
ÖZER No. 2
26/01/2010
26/04/2010
37721/97
ERKANLI
13/02/2003
Friendly settlement
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 established on account of the authorities’ unjustified interference with the applicants’ right to freedom of expression due to the criminal proceedings initiated under various articles of the Criminal Code of Anti-Terrorism Law (violations of Article 10 and in some of the cases also of Article 5);
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 indicating the individual measures adopted 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(2021)379)
Considering that the question of individual measures was therefore resolved, given, inter alia, that the domestic proceedings have been reopened and the applicants have been acquitted or they have not asked for the reopening of the proceedings or the charges have been dropped or the proceedings became time-barred; and none of them is still detained on account of those proceedings;
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 Öner and Türk (51962/12), Altuğ Taner Akcam (27520/07), Nedim Şener (38270/11) and Artun and Guvener (75510/01) groups of cases and that the closure of these cases 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 these cases as regards the individual measures and
DECIDES to close the examination of these cases.
Full & Egal Universal Law Academy