Resolution CM/ResDH(2021)271
Execution of the judgment of the European Court of Human Rights
T.Ç. and H.Ç. against Turkey
(Adopted by the Committee of Ministers on 20 October 2021
at the 1415th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
34805/06
T.Ç. AND H.Ç.
26/07/2011
26/10/2011
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 judgment transmitted by the Court to the Committee in this case and to the violations established regarding the applicants’ right to respect for private life on account of various procedural irregularities during domestic proceedings challenging paternal affiliation (Article 8 and Article 6, paragraph 1);
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 judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)620);
Recalling that the question of general measures required in response to the lack of adequate reasoning in domestic court judgments continues to be examined within the framework of the Deryan (41721/04) group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required in that respect;
Noting that the necessary general measures concerning the excessive length of domestic proceedings were examined in the context of Ormancı group of cases and Ümmühan Kaplan pilot judgment (see Final Resolution CM/ResDH(2014)298);
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 this case and
DECIDES to close the examination thereof.