Resolution ResDH(2004)94
concerning the judgments of the European Court of Human Rights
of 27 September 2001 and 20 June 2002 (final on 27 December 2001
and 20 September 2002 respectively) in two cases against Turkey (see Appendix) relating to the excessive length of detention in police custody
(Adopted by the Committee of Ministers on 22 December 2004
at the 906th 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 two cases details of which appear in the appendix to this resolution, delivered on 27 September 2001 and 20 June 2002 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 on 22 April 1996 and 22 November 1996 under former Article 25 of the Convention by twelve Turkish nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaints related to the excessive length of detention in police custody;
Whereas in its judgments of 27 September 2001 and 20 June 2002 the Court unanimously:
- held that there had been a violation of Article 5, paragraph 3, of the Convention;
- 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 lira at the date applicable on the date of settlement and that simple interest at annual rates of 7.5% and 4.26% respectively 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 of 27 September 2001 and 20 June 2002, having regard to Turkey's obligation under Article 46, paragraph 1, of the Convention to abide by it;
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 that 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, within the time-limit set, the government of the respondent state had paid the applicants the sums provided for in the judgments of 27 September 2001 and 20 June 2002,
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(2004)94
Details of the just satisfaction awarded to the applicants
Cases
Application No.
Non-pecuniary damage
Costs and expenses
Total
Payment on
Günay and others
31850/96
12 850 pounds sterling
1 000 pounds sterling
13 850 pounds sterling
27/03/2002
Filiz and Kalkan
34481/97
4 400 euros
1 500 euros
5 900 euros
18/12/2002
Full & Egal Universal Law Academy