Resolution CM/ResDH(2025)218
Execution of the judgment of the European Court of Human Rights
Makbule Akbaba and Others against Türkiye
 
(Adopted by the Committee of Ministers on 3 September 2025
at the 1535th meeting of the Ministers’ Deputies)
 
Application No.
Case
Judgment of
Final on
48887/06
MAKBULE AKBABA AND OTHERS
10/07/2012
17/12/2012
 
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 judgment transmitted by the Court to the Committee in this case and to the violations established on account of the failure of the authorities to determine the circumstances of the applicants’ next of kin’s death during the intervention of the security forces into a prison riot and of excessive length of the proceedings;
 
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 judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2025)714);
 
Noting with deep regret that no further measures could be taken in this case because of the applicable prescription periods;
 
Recalling that the Committee closed the examination of similar cases concerning excessive length of proceedings (see Final Resolution concerning the Ormanci and Others group of cases CM/ResDH(2014)298);
 
Recalling further that the remaining shortcomings found by the Court in this judgment continue to be examined within the framework of the Gömi and Others v. Turkey (35962/97) group of cases also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to violation of the right to life on account of the failure of authorities to determine circumstances of interventions of security forces into to prison riots;
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
 
CONCLUDES that no further individual measures could be taken in this case because of the applicable prescription periods;
 
DECIDES to continue to supervise the adoption of the necessary general measures concerning the violation of the right to life on account of the failure of the authorities to determine circumstances of interventions of the security forces into to prison riots in the Gömi and Others v. Turkey (35962/97) group of cases;
 
DECIDES to close the examination of this case.