Resolution CM/ResDH(2023)466
Execution of the judgment of the European Court of Human Rights
Toptanış against Turkey
(Adopted by the Committee of Ministers on 13 December 2023
at the 1484th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
61170/09
TOPTANIŞ
30/08/2016
30/11/2016
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 (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 violation established on account of the failure of authorities to conduct a full investigation into the accidental shooting of the applicant, in the vicinity of a military compound (procedural violation 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 action report provided by the government, indicating the measures adopted 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(2023)1383);
Noting with deep regret that no further measures could be taken in this case because of the applicable prescription periods,
Recalling that the question of the general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Batı and Others (33097/96) group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that no further individual measures could be taken in this case because of the applicable prescription periods;
DECIDES to continue to supervise the adoption of the necessary general measures in the Batı and Others (33097/96) group of cases;
DECIDES to close the examination of this case.