Resolution CM/ResDH(2007)22[1]
Execution of the judgment of the European Court of Human Rights
Yalçin Kuçuk (No. 2) against Turkey
(Application No. 56004/00, judgment of 2 March 2006 – Friendly settlement)
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 referred to as “the Convention” and “the Court”);
Having regard to the final judgment in this case, transmitted by the Court to the Committee on 2 March 2006;
Recalling that the complaints declared admissible by the Court in this case concerned an allegedly unjustified interference with the applicant's freedom of expression on account of his conviction, in 1999, under Article 169 of the Criminal Code (complaint under Article 10) as well as allegations of unfairness of the criminal proceedings which led to his conviction, on account of the presence of a military judge in the state security court and the failure to disclose to the applicant the written opinion of the prosecutor general before the Court of Cassation (complaints under Article 6);
Whereas the Court, having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties' undertaking not to request a re-hearing of the case before the Grand Chamber;
Whereas under the above-mentioned friendly settlement it was agreed that the Government of Turkey would pay the applicant, the global sum of 6 450 €, within three months as from the notification of the judgment[2];
Recalling that the Rules of the Court provide that the striking-out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 29 May 2006, within the time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sum agreed in the friendly settlement and that no other measure was required in the present case to comply with the Court's judgment,
Recalling that, as regards the applicant's complaints declared admissible in this case, the Committee of Ministers has been supervising since 1998 the execution of several judgments of the Court (in particular the Inçal judgment of 9 June 1998) finding in particular a violation of Article 10 of the Convention on account of unjustified interferences with freedom of expression;
Whereas, in this connection, the authorities of Turkey informed the Committee of Ministers that they were drafting and adopting new individual and general measures in order to fully remedy the consequences for the applicants of the violations found and to prevent new violations similar to those already found in these cases (see Interim Resolutions ResDH(2001)106 and ResDH(2004)38),
Declares, having examined the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case.
[1] Adopted by the Committee of Ministers on 28 February 2007 at the 987th meeting of the Ministers’ Deputies
[2] See details in the judgment.
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