CASE OF ERİŞ AND OTHERS AGAINST TÜRKİYE AND 4 OTHER CASES

Resolution CM/ResDH(2026)9 Execution of the judgments of the European Court of Human Rights Five cases against Türkiye   (Adopted by the Committee of Ministers on 4 February 2026 at the 1549th meeting of the Ministers’ Deputies)   Application No. Case Judgment of Final on 58665/17 ERİŞ AND OTHERS 24/10/2023 24/10/2023 15231/17 KOLAY AND OTHERS 12/12/2023 12/12/2023 69884/17 MECİT AND OTHERS 12/12/2023 27/05/2025 12/12/2023 27/05/2025 58437/17 DUYMAZ AND OTHERS 25/06/2024 25/06/2024 32264/19 ÇİNİCİ 09/07/2024 09/07/2024   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 unlawful pre-trial detention orders and their extensions due to the lack of reasonable suspicion of membership of a terrorist organisation;   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 that the individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court, and that the sums awarded remain at the applicants’ disposal with the Government and will be paid to them as soon as they provide the requested documents (see documents DH-DD(2025)637; DH-DD(2025)706; DH-DD(2025)1093; DH‑DD(2025)572; DH-DD(2025)1053);   Considering that the question of individual measures was resolved, given that none of the applicants in these cases is subject to pre-trial detention orders;   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 Akgün 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 unlawful pre-trial detention orders and their extensions on account of lack of reasonable suspicion of membership of a terrorist organisation;   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 unlawful pre-trial detention orders and their extensions on account of lack of reasonable suspicion of membership of a terrorist organisation in the Akgün v. Turkey group of cases;   DECIDES to close the examination of these cases.