Resolution CM/ResDH(2008)83[1]
Execution of the judgments of the European Court of Human Rights
Sertkaya and 9 other cases against Turkey
(See details in Appendix)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern the excessive length of criminal proceedings before state security courts (violation of Article 6§1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with Turkey’s obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that, the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations;
DECLARES, having examined the measures taken by the respondent state to that effect (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination of these cases.
Appendix to Resolution CM/ResDH(2008)83
Information about the measures taken to comply with the judgments
in the cases of Sertkaya and 9 other cases against Turkey
Introductory case summary
These cases concern the excessive length of criminal proceedings before state security courts (violation of Article 6§1).
I.Payments of just satisfaction and individual measures
a) Details for each case
Name and application number
Date of judgment
Final on
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Paid on
77113/01 Sertkaya
22/06/2006
22/09/2006
3 420 EUR
1 500 EUR
08/12/2006
35073/97 Başlık and others
20/04/2006
20/07/2006
No just satisfaction
40530/98 Aydoğan
22/12/2005
22/03/2006
6 000 EUR
21/06/2006
69124/01 Hikmedin Yildiz
19/10/2006
19/01/2007
3 500 EUR
1 000 EUR
19/04/2007
75694/01 Kondu
23/01/2007
23/04/2007
4 000 EUR pecuniary + non-pecuniary damage
1 000 EUR
20/07/2007
497/02 Çitikbel
04/10/2005
04/01/2006
3 000 EUR
1 000 EUR
31/03/2006
4415/02 Osman
19/12/2006
19/03/2007
4 500 EUR
1 000 EUR
19/06/2007
8147/02 Sakçi
16/01/2007
16/04/2007
No just satisfaction
18342/02 Özkan and Adibelli
09/01/2007
09/04/2007
7 200 EUR
1 500 EUR
02/07/2007
39863/02 Yavuz and Osman
19/12/2006
19/03/2007
No just satisfaction
b) Individual measures
The proceedings are ended in all cases.
II.General measures
State security courts were abolished following the constitutional amendments of May 2004 (Article No. 143 Constitution). The jurisdiction of these courts was transferred to the Assize Courts by virtue of Law No. 5190 concerning the modification of the Code of Criminal Procedure and abolition of state security courts (Article 394/a).
III.Conclusions of the respondent state
The government considers that the measures taken will prevent new, similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 8 October 2008 at the 1035th meeting of the Ministers’ Deputies
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