Resolution ResDH(2004)97
concerning the judgment of the European Court of Human Rights
of 10 June 2003 (final on 10 September 2003)
in the case of Ramazanoğlu against Turkey
(Adopted by the Committee of Ministers on 22 December 2004
at the 906th 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, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgment of the European Court of Human Rights in the Ramazanoğlu case delivered on 10 June 2003 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;
Recalling that the case originated in an application (No. 39810/98) against Turkey, lodged with the European Commission of Human Rights on 16 December 1997 under former Article 25 of the Convention by Mr Osman Nuri Ramazanoğlu, a Turkish national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain criminal proceedings, in particular before the Ankara Martial Law Court;
Whereas in its judgment of 10 June 2003 the Court unanimously:
- held that there had been a violation of Article 6, paragraph 1, of the Convention;
- held that the government of the respondent state was to pay the applicant, within three months from the date at which the judgment became final, the following amounts (to be converted into Turkish liras at the rate applicable on the date of settlement); 15 250 euros in respect of non-pecuniary damage; 2 015 euros in respect of costs and expenses and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;
- dismissed the remainder of the applicant's claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 10 June 2003, having regard to Turkey's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state recalled that internal proceedings in this case were closed and that measures had already been taken to avoid new violations of the same kind as that found in this case, in particular through the entry into force of Law No. 3953 of 27 December 1993, which abolished the jurisdiction of the martial law courts (see Resolution DH(1998)82 in the case of Mitap and Müftüoğlu against Turkey), and indicated that the Court's judgment had been published in the Journal Yargı Mevzuatı Bülteni No. 228 and sent out to the authorities directly concerned;
Having satisfied itself that on 5 December 2003, within the time-limit set, the government of the respondent state had paid the applicant the sums provided for in the judgment of 10 June 2003,
Declares, after having examined the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.
Full & Egal Universal Law Academy