CASE OF YASİN ÖZDEMİR AGAINST TÜRKİYE AND 1 OTHER CASE

Resolution CM/ResDH(2025)35 Execution of the judgments of the European Court of Human Rights Two cases against Türkiye   (Adopted by the Committee of Ministers on 6 March 2025 at the 1521st meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 14606/18 YASİN ÖZDEMİR 07/12/2021 07/03/2022 46713/10 BAKIR AND OTHERS 10/07/2018 03/12/2018   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 unjustified convictions of the applicants for offences under various domestic provisions for having expressed opinions;   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 plan 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(2025)44);   Considering that the question of individual measures was resolved, given the applicants have been acquitted in the reopened proceedings in these cases;   Recalling that the question of general measures required in response to the shortcomings found by the Court in this these judgments continues to be examined within the framework of the Öner and Türk (51962/12) and Işıkırık (41226/09) groups of cases, 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;   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 the unjustified convictions of the applicants for offences under various domestic provisions for having expressed opinions in the group of cases Öner and Türk and Işıkırık;   DECIDES to close the examination of these cases.