Resolution CM/ResDH(2021)316
Execution of the judgments and decision of the European Court of Human Rights
19 cases against Turkey
(Adopted by the Committee of Ministers on 10 November 2021
at the 1417th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
4611/05
SERVET GUNDUZ AND OTHERS
11/01/2011
11/04/2011
20245/05
SERDAR YİĞİT AND OTHERS
09/11/2010
09/02/2011
23164/09
RECEP KURT
22/11/2011
22/02/2012
26773/05
METİN
05/07/2011
05/10/2011
17081/06
METİN GÜLTEKİN AND OTHERS
06/10/2015
01/02/2016
10449/06
MEHMET KÖSE
01/04/2014
01/07/2014
28809/05
LÜTFİ DEMİRCİ AND OTHERS
02/03/2010
02/06/2010
20070/08
HÜSEYİN KAPLAN
15/10/2013
15/01/2014
24470/09
HAVVA DUDU ALBAYRAK AND OTHERS
21/06/2011
21/09/2011
39125/04
HALİL YÜKSEL AKINCI AND OTHERS
11/12/2012
29/04/2013
31149/09
DÜLEK AND OTHERS
03/11/2011
03/02/2012
26754/12
CENGİZ AND SAYGIKAN
24/01/2017
24/04/2017
75535/01
ESAT BAYRAM
26/05/2009
06/11/2009
59864/12
ALGÜL AND OTHERS
05/02/2019
24/06/2019
22427/06
ACET AND OTHERS
18/10/2011
18/01/2012
40862/08
ABDULLATİF ARSLAN AND ZERİFE ARSLAN
21/07/2015
21/10/2015
26424/11
Nazlı ÖZDEMİR AND Kaya ÖZDEMİR
07/02/2017
Decision with undertakings
40860/04
YASEMİN DOĞAN
06/09/2016
06/12/2016
41642/08
ÜSTDAĞ
13/09/2016
13/12/2016
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 and friendly settlements as they appear in decisions of the Court under the terms of Article 39, paragraph 4, of the Convention, (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments and decision transmitted by the Court to the Committee in these cases and to the violations established on account of the failure of the authorities to take the necessary measures that could be reasonably expected to prevent the suicide of the applicants’ close relatives, who at the time of the incidents were performing their military service, and the failure of the authorities to conduct effective investigations in some of these cases (substantive and procedural violations of Article 2);
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 as regards the individual measures (see document DH-DD(2021)722) and noted with deep regret, in the light of this information, that no further individual measures are possible, or required in these cases; having moreover noted that the just satisfaction, where awarded, was paid by the Government of the respondent State;
Having noted that, in respect of the general measures adopted, important steps have been made, in particular through a reform of the legislative and regulatory framework as to the medical examinations, including psychological examinations in the conscription process and the medical/military follow-up proceedings during the military service; having furthermore noted the extensive measures taken on the introduction of electronic database system, the updated List of Illnesses and Disorders, the establishment of Psychological Consultancy services in the military units, the abolishment of Military Courts, the introduction of compulsory legal assistance to the military personnel, and the application of the time-limit concerning compensation claims in line with Court`s case-law;
Having noted that the outstanding questions related to the shortcomings found by the Court, as regards the lack of communication between military units in transferring conscripts’ files, the lack of swift reaction in cases where the conscripts’ medical condition required transfer to a health institution, and the failure to postpone the execution of imprisonment sentence on psychiatric grounds, continue to be examined within the framework of the cases of Guzelaydin, Durdu, Aktepe and Kahriman, Abdulhadi Yildirim and Yabansu and Others (where additional information is needed also in respect of the individual measures, in particular on the state of criminal proceedings) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the above listed outstanding general measures;
DECLARES that it has exercised its functions under Article 46, paragraph 2, and 39, paragraph 4, of the Convention in these cases and
DECIDES to close their examination.