CASE OF DAĞTEKIN AGAINSTY TÜRKIYE AND 1 OTHER CASE
2024-11-06T00:00:00
Resolution CM/ResDH(2024)287
Execution of the judgments of the European Court of Human Rights
Two cases against Türkiye
 
(Adopted by the Committee of Ministers on 6 November 2024
at the 1511th meeting of the Ministers’ Deputies)
 
 Application No.
Case
Judgment of
Final on
69489/10
DAĞTEKİN
14/02/2023
14/02/2023
24872/12
ÖCALAN
13/06/2023
13/06/2023
 
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 applicants’ unjustified conviction for participating in a demonstration;
 
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 obligation;
 
Having examined the action report provided by the government indicating the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)1095);
 
Considering that the question of individual measures was resolved, given the applicants did not request for the reopening of the proceedings in due time;
 
Recalling that the question of general measures required in response to the shortcomings found by the Court in these judgments continues to be examined within the framework of the Oya Ataman v. Turkey (74552/01) group of cases, also in the light of the Court’s findings in these cases, and that the closure of this case 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;
 
CONCLUDES that the necessary individual measures have been adopted;
 
DECIDES to continue to supervise the adoption of the necessary general measures concerning violations of freedom of assembly in the group of cases Oya Ataman v. Turkey (74552/01);
 
DECIDES to close the examination of these cases.