Resolution CM/ResDH(2010)209[1]
Execution of the judgment of the European Court of Human Rights
Ceyran and Kara against Turkey
(See Appendix for details of the cases)
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 transmitted by the Court to the Committee once it had become final;
Recalling that the violation of the Convention found by the Court in this case concerns the excessive length of criminal proceedings before state security courts (violation of Article 6§1) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:
- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Recalling that in its Final Resolution CM/ResDH(2008)83 of 08/10/2008 the Committee of Ministers decided to close the examination of 10 similar cases;
DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination of this case.
Appendix to Resolution CM/ResDH(2010)209
Information about the measures to comply with the judgment in the cases of
Ceyran and Kara against Turkey
Introductory case summary
The cases concern the excessive length of criminal proceedings before state security courts (violation of Article 6§1).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Ceyran (17534/03)
-
-
-
No just satisfaction was awarded.
Kara Güli (30944/04)
-
-
-
No just satisfaction was awarded.
b) Individual measures
The proceedings are closed. Consequently, no other individual measure was considered necessary by the Committee of Ministers.
II.General measures
The cases present similarities to other cases of excessive length of criminal proceedings before state security courts such as that of Sertkaya and others against Turkey, which was closed by Final Resolution CM/ResDH(2008)83 following the adoption of general measures by the Turkish authorities, in particular following the abolition of state security courts.
III.Conclusions of the respondent state
The government considers that no individual measure is required, and that the general measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 2 December 2010 at the 1100th meeting of the Ministers’ Deputies
Full & Egal Universal Law Academy