Resolution ResDH(2005)75
concerning the judgments of the European Court of Human Rights delivered
between 22 October 2002 and 27 July 2004 (final between 22 January 2003 and 27 July 2004)
in 5 cases against Turkey (see appendix) related to the excessive length of the applicant's detention in police custody and the absence of judicial remedy to challenge the lawfulness of their detention
(Adopted by the Committee of Ministers on 18 July 2005
at the 933rd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the 5 cases details of which appear in the appendix to this resolution, delivered between 22 October 2002 and 27 July 2004 and transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Turkey, lodged with the European Commission of Human Rights between 20 July 1994 and 22 October 1996 under former Article 25 of the Convention by several Turkish nationals, and that the Court, seised of the cases under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints related to the excessive length of the applicants' detention in police custody and the absence of judicial remedy to challenge the lawfulness of their detention ;
Whereas in its judgments delivered between 22 October 2002 and 27 July 2004 concerning these cases the Court unanimously:
- held that there had been a violation of Article 5, paragraph 3 of the Convention (all cases);
- held that there had been a violation of Article 5, paragraph 4 of the Convention (except Karakaş and others, and Nuray Şen);
- held that there had been a violation of Article 5, paragraph 5 of the Convention (only Dalkılıç);
- held, that the government of the respondent state was to pay the applicants, within three months from the date at which the judgments became final, the amounts of just satisfaction (set out in the appendix to this resolution), to be converted into Turkish liras or pounds sterling at the rate applicable on the date of settlement and that simple interest at an annual rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage would be payable on those sums from the expiry of the above-mentioned three months until settlement
- dismissed the remainder of the applicants' claim for just satisfaction;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgments delivered between 22 October 2002 and 27 July 2004, having regard to Turkey's obligation under Article 46, paragraph 1, of the Convention to abide by them;
Whereas during the examination of the cases by the Committee of Ministers, the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as those found in these cases, in particular through the amendment of the legislation governing detention in police custody (see Resolution ResDH(2002)110 in the Sakık and others case), and indicated that the Court's judgments had been sent out to the authorities directly concerned;
Having satisfied itself that on the dates indicated in the appendix, the government of the respondent state had paid the applicants the sums provided for in these judgments,
Declares, after having examined the information supplied by the Government of Turkey, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2005)75
Details of the just satisfaction awarded to the applicants
Case
Application No.
Date of the judgment
Final on
Non-pecuniary damages
Costs
Date of payment
SATIK Murat, CAMLI Nuran, SATIK Fahriye and MARAŞLI Recep
24737/94, 24739/94, 24740/94 and 24741/94
22/10/02
22/01/03
18 292 €
700 €
29/04/03 + interest
DALKILIÇ Sevil
25756/94
05/12/02
05/03/03
5 500 €
1 500 €
23/05/03
MAMAÇ Yavuz, DİNÇEL Necdet and KALAYCI Nevzat
29486/95, 29487/95 and 29853/96
20/04/04
20/07/04
11 700 €
2 000 €
19/10/04
KARAKAŞ Mehmet Salih and others
35077/97
27/07/04
27/10/04
6 000 €
1 370 €
27/12/04
ŞEN Nuray
41478/98
17/06/03
17/09/03
3 600 €
1 500 €
25/12/03 + interest
Full & Egal Universal Law Academy