Resolution CM/ResDH(2020)174
Execution of the judgments of the European Court of Human Rights
10 cases against Turkey
(Adopted by the Committee of Ministers on 9 September 2020
at the 1381st meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
63465/12
TALU
27/11/2018
27/11/2018
23497/05
ERDENER
02/02/2016
02/05/2016
13471/05+
MENGİ
27/11/2012
27/02/2013
17089/03
SORGUÇ
23/06/2009
23/09/2009
17095/03
CIHAN ÖZTÜRK
09/06/2009
09/09/2009
346/04+
MUSTAFA ERDOĞAN AND OTHERS
27/05/2014
27/08/2014
32131/08+
TUSALP
21/02/2012
21/05/2012
39656/03
ERDOĞAN AYHAN
13/01/2009
13/04/2009
40877/07
HASAN YAZICI
15/04/2014
15/07/2014
48176/99
TURHAN
19/05/2005
19/08/2005
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 of the right to freedom of expression on account of unjustified and disproportionate convictions in civil defamation proceedings (violations of Article 10);
Recalling that the case of Hasan Yazıcı also concerns the excessive length of judicial proceedings (violation of Article 6, paragraph1) (this issue was examined under the Ormancı and Others group of cases) (see Final Resolution CM/ResDH(2014)298);
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 individual 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(2019)1276);
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Pakdemirli (35839/97), Dilipak and Karakaya (7942/05 and 24838/05) and Saygili and Others (19353/03) cases; that moreover the former two cases also require individual measures; and that the closure of the cases listed above therefore in no way prejudges the Committee’s continuing evaluation of the measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and;
DECIDES to close the examination thereof.
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