Resolution CM/ResDH(2022)432
Execution of the judgments of the European Court of Human Rights
Two cases against Turkey
(Adopted by the Committee of Ministers on 14 December 2022
at the 1452nd meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
45801/12
UCA
29/06/2021
29/06/2021
24744/03
AKTAŞ YUNUS AND OTHERS
20/10/2009
20/01/2010
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 as regards the individual measures (see document DH-DD(2021)1054), including the information provided regarding the payment of the just satisfaction awarded by the Court ;
Considering that the question of individual measures has been resolved, given that the just satisfaction has been paid and that none of the applicants is detained pending trial;
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continue to be examined within the framework of the Güveç case (Application No. 70337/01) and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures in these cases;
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.