Resolution CM/ResDH(2018)391
Execution of the judgments of the European Court of Human Rights
Five cases against Turkey
(Adopted by the Committee of Ministers on 17 October 2018
at the 1327th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
2150/05
SÜLEYMAN BABA
23/03/2010
21/11/2017
23/06/2010
21/02/2018
18538/05
KOPER
13/09/2011
21/11/2017
13/12/2011
21/02/2018
33279/05
FERYADİ ŞAHİN
13/09/2011
21/11/2017
13/12/2011
21/02/2018
35476/06+
MALHAS AND OTHERS
13/09/2011
21/11/2017
13/12/2011
21/02/2018
41485/05
KAYACI AND OTHERS
04/10/2011
21/11/2017
04/01/2012
21/02/2018
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 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(2018)708);
Recalling that the Committee closed the examination of other similar cases concerning the lack of compensation following the annulment of titles of plots of land in the framework of the public forest law regime (see Final Resolution CM/ResDH(2012)106 in the Turgut and Others group of cases);
Recalling that the Committee closed the examination of other similar cases concerning the excessive length of domestic proceedings and lack of an effective remedy in this respect (see Final Resolution CM/ResDH(2014)298 in the Ormancı and Others 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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