CASE OF MUSTAFA ALDEMİR AGAINST TÜRKİYE AND 1 OTHER CASE

Resolution CM/ResDH(2024)413 Execution of the judgment of the European Court of Human Rights Two cases against Türkiye   (Adopted by the Committee of Ministers on 11 December 2024 at the 1515th meeting of the Ministers' Deputies)    Application No. Case Judgment of Final on 53087/07 MUSTAFA ALDEMİR 02/07/2013 04/11/2013 44188/09 SALİN AND KARŞİN 23/06/2014 23/09/2014   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 the unjustified and excessive force used by members of the security forces during military and police operations and subsequent ineffectiveness of the investigations;   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 reports 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 documents DH-DD(2024)1257 and DH-DD(2024)1258);   Noting with deep regret that no further measures could be taken in these cases because of the applicable prescription periods;   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 Erdoğan and Others v. Turkey group of cases (19807/92) also in the light of the Court’s findings in these cases, and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required;   Having noted that the outstanding issues related to the shortcomings found by the Court regarding the failure to ensure effective investigations into allegations concerning unlawful use of force by state officials continue to be examined in the Batı and Others v Turkey (33097/96) group of cases; and that the closure of the present 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;   CONCLUDES that no further individual measures could be taken in these cases because of the applicable prescription periods;   DECIDES to continue to supervise the adoption of the necessary general measures within the framework of the Erdoğan and Others and Batı and Others groups ;   DECIDES to close the examination of these cases.