European Court of Human Rights

Resolution CM/ResDH(2009)115¹

Execution of the judgment of the European Court of Human Rights

Barut against Turkey

(Application No. 29863/96, judgment of 24/06/2003, friendly settlement)

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 once it had become final;

Recalling that the applicant’s admissible complaints in this case concerned his prolonged detention in police custody (complaint under Article 5§3) and the lack of an effective remedy by which he might have challenged the lawfulness of his detention in police custody (complaint under Article 5§4);

Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement were based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under this friendly settlement it was agreed that the government of the respondent state would pay the applicant 15,000 French francs (2,286.74 Euros) within three months as from the notification of the judgment as compensation for pecuniary and non-pecuniary damage and for costs and expenses;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having invited the government of the respondent state to inform the Committee of the measures taken in order 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 on 26 August 2003, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicant the sum provided in the friendly settlement and that no other measure was required in this case to comply with the Court’s judgment;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitment subscribed to in this case and DECIDES to close its examination.