CASE OF TEKİN AGAINST TÜRKİYE AND 2 OTHER CASES

Resolution CM/ResDH(2025)217 Execution of the judgments of the European Court of Human Rights Three cases 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 28249/20 TEKİN 27/06/2023 27/06/2023 47847/09 CHAIRMAN OF THE PEOPLE’S LIBERATION PARTY 13/11/2018 13/11/2018 35786/19 MELİKE 15/06/2021 15/09/2021   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 violation established on account of the failure of domestic courts, and in the Tekin case the prison administration, to provide relevant and sufficient reasoning in judicial review proceedings concerning various sanctions imposed on the applicants, and dismissal from work in the Melike case;   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(2025)520; DH-DD(2025)556; DH-DD(2025)581);   Considering that the question of individual measures was resolved, given that the domestic court set aside the impugned disciplinary sanction at the end of the reopened proceedings in the case of Tekin, that the just satisfaction awarded by the Court covered the impugned administrative fine paid by the applicant in the case of Chairman of the People’s Liberation Party, and that the applicant did not request for the reopening of the proceedings in the case of Melike;     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 Kula v. Turkey group 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 in relation to the failure of domestic courts and prison administrations to provide relevant and sufficient reasons in judicial review proceedings;   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 absence of relevant and sufficient reasons in judicial review proceedings in the case of Kula v. Turkey;   DECIDES to close the examination of these cases.