Resolution CM/ResDH(2011)310[1]
Execution of the judgments of the European Court of Human Rights
Yedikule Surp Pırgiç Ermeni Hastanesi Vakfı against Turkey
(Application No. 50147/99 and 51207/99, judgment of 26/06/2007, 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 “the Convention” and “the Court”);
Having regard to the judgment in this case, transmitted by the Court to the Committee once it had become final;
Recalling that the applicant Foundation’s complaints declared admissible in this case concerned the annulment of its title deeds in the land register (50147/99) and its inheritance title (51207/99) by domestic courts (complaints under Article 1 of Protocol no. 1 in conjunction with Article 14 of the Convention) and, unfairness of proceedings before domestic courts (complaint under Article 6 of the Convention).
Whereas in this case the Court, having taken formal note of 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 this 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 this friendly settlement it was agreed that the government of the respondent state have undertaken to return the relevant properties in their current state to the applicant foundation and to pay it EUR 15,000 for costs and expenses within three months as from the notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards 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 invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that within the time-limit agreed under the terms of the friendly settlement, the government of the respondent state paid the applicant the sum provided in the friendly settlement and returned to the applicant the relevant properties and that no other measure was required in this case to comply with the Court’s judgment;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and
DECIDES to close its examination.
[1] Adopted by the Committee of Ministers by tacit procedure in accordance with the decision taken at the 1128th meeting (December 2011) under item F.
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