Resolution CM/ResDH(2023)38
Execution of the judgments of the European Court of Human Rights
11 cases against Türkiye
(Adopted by the Committee of Ministers on 9 March 2023
at the 1459th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
57069/09
ZENGİN AND ÇAKIR
13/02/2018
13/02/2018
39047/11
KINIK
25/09/2018
25/09/2018
41839/09
AKTAN
09/10/2018
09/10/2018
57031/10
MART AND OTHERS
19/03/2019
09/09/2019
2257/11
BAKIR
13/10/2020
13/10/2020
40631/11
ADIR AND OTHERS
12/01/2021
12/01/2021
45975/12
İMREK
10/11/2020
10/02/2021
19165/19
ÖMÜR ÇAĞDAŞ ERSOY
15/06/2021
11/10/2021
57316/10
İMRET (No. 2)
10/07/2018
03/12/2018
36909/07
DAŞ
02/07/2019
02/07/2019
46127/11
MUSTAFA ÇELİK
08/12/2020
08/12/2020
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 on account of the authorities’ unjustified interference with the applicants’ right to freedom of expression and the right to freedom of assembly (in the case of İmrek) on account of criminal proceedings initiated against the applicants under various articles of the Criminal Code and Anti-Terrorism Law (violations of Article 10 and 11), and right to a fair trial (in the case of Bakır) on account of the inability of the applicant to examine or have examined anonymous witnesses whose statements were relied on for his conviction (violation of Article 6) ;
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 obligations;
Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)41);
Recalling that the issue on the right to a fair trial in the case of Bakir has been closed by the Committee (see final resolution CM/ResDH(2018)160);
Recalling that the question of general measures required in response to the other shortcomings found by the Court in the present judgments continues to be examined within the framework of the Öner and Türk (51962/12), Altuğ Taner Akçam (27520/07), Nedim Şener (38270/11), Artun and Güvener (75510/01) and Işıkırık (41226/09) groups of cases and that the closure of these cases 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 these cases and
DECIDES to close the examination of these cases.