CASE OF KARAGÖZ AGAINST TURKEY

2025-09-17T00:00:00
Resolution CM/ResDH(2025)248 Execution of the judgment of the European Court of Human Rights Karagöz against Turkey   (Adopted by the Committee of Ministers on 17 September 2025 at the 1537th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 2882/05 KARAGÖZ 24/11/2020 24/11/2020   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 violation of the right to property established on account of the imposition of preventive attachment against the applicants’ possessions without balancing relevant interests and automatic continuance of the attachment;   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 in order to give effect to the judgment and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2025)778);   Considering that the question of individual measures was resolved, given that the preventive attachment against the applicants’ possessions was lifted and the Compensation Commission awarded compensation to the applicants;   Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the Uzan and Others (19620/05) group of cases and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to the violation of the right to property on account of imposition of preventive attachments on possessions without balancing exercise and their automatic continuance;   DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;   CONCLUDES that the necessary individual measures have been adopted;   DECIDES to continue to supervise the adoption of the necessary general measures concerning imposition of preventive attachments on possessions without balancing exercise and their automatic continuance in the case of Uzan and Others;   DECIDES to close the examination of this case.