Resolution CM/ResDH(2016)286
Execution of the judgments of the European Court of Human Rights
Four cases against Turkey
Application No.
Case
Judgment of
Final on
3573/05+
S.S. BALIKLICESME BELDESİ TARIM KALKINMA KOOPERATİFİ AND OTHERS
30/11/2010
28/02/2011
5488/05
MEHMET EMİN ŞİMŞEK
28/02/2012
28/05/2012
3674/09+
SOLAKOĞLU AND OTHERS
19/03/2013
19/06/2013
7906/05
ŞÜKRAN BOZ
01/10/2013
01/01/2014
(Adopted by the Committee of Ministers on 5 October 2016
at the 1267th 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, 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;
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 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(2016)634);
Recalling that the violations of the Convention found by the Court in these cases concern the unfairness of domestic proceedings due to the failure by courts to provide the applicants with a copy of the written opinion of Public Prosecutor before the Council of State;
Recalling further that the Committee decided to close the examination of the same violations in Final Resolution CM/ResDH(2012)226 adopted within the context of the Meral group of cases;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
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