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You are here: BAILII >> Databases >> European Court of Human Rights >> Avci (Cabat) and others and 11 other cases against Turkey - 77191/01 [2009] ECHR 1752 (30 September 2009) URL: http://www.bailii.org/eu/cases/ECHR/2009/1752.html Cite as: [2009] ECHR 1752

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Resolution CM/ResDH(2009)96¹

Execution of the judgments of the European Court of Human Rights

Avcı (Cabat) and others and 11 other cases against Turkey

(See Appendix for details of the cases)

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violations of the Convention found by the Court in these cases concern the fact that the applicants were not informed promptly of the reasons for their arrest (violation of Article 5§2), and/or their prolonged detention in police custody (violation of Article 5§3), and/or the lack of an effective remedy (violation of Article 5§4), and/or the absence of a right to compensation in this regard (violation of Article 5§5) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of

- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

• general measures preventing, similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix) that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ResDH(2009)96

Information about the measures to comply with the judgments of the European Court of Human Rights

Avcı (Cabat) and others and 11 other cases against Turkey

Introductory case summary

These cases mainly relate to the apllicants’ prolonged detention in police custody (violations of Article 5§3) and/or the lack of an effective remedy by which the applicants might have challenged the lawfulness of their continued detention in police custody (violations of Article 5§4), and/or the absence of a right to compensation in this respect (violations of Article 5§5).

The case of Tanrıkulu Sinan and others (5086/99) also concerns the fact that the applicants were not informed promptly of the reasons of their arrest (Violation of Article 5§2).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The applicants are no longer detained in police custody.

II. General measures

Following constitutional and legislative reforms, the law related to police custody were brought into conformity with the requirements of Article 5 of the Convention (see Sakik and others (Final Resolution ResDH(2002)110) and Ayaz and others (Final Resolution CM/ResDH(2008)29)).

It seems that the situation criticised by the European Court in Tanrıkulu Sinan and others case regarding the violation of Article 5§2 of the Convention is an isolated one. The judgment of the European Court in this case was translated and transmitted to the relevant authorities.

In view of these circumstances, no need for further specific general measures arise in these cases.

III. Conclusions of the respondent state

The government considers that the measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46 paragraph 1 of the Convention.