European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2009/1747.html
Cite as: [2009] ECHR 1747

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Resolution CM/ResDH(2009)101¹

Execution of the judgments of the European Court of Human Rights in

8 cases against Turkey concerning freedom of expression in state of emergency region

(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 in particular unjustified interference in the applicants’ freedom of expression due to bans imposed under article 11 e) of Law No. 2935 on the state of emergency, concerning the introduction and/or publication and/or distribution of newspapers or political posters, and absence of a judicial remedy to challenge the orders of the governor of the region of state of emergency (Violations of Articles 10 and 13) (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;

Having examined the measures taken by the respondent state to that effect, the details of which appear in Appendix;

Recalling that in its Final Resolution CM/ResDH(2007)97 of 20 June 2007 the Committee of Ministers decided to close the examination of 6 similar cases;

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)101

Information about the measures to comply with the judgments in 8 cases against Turkey concerning freedom of expression in state of emergency region

Introductory case summary

These cases concern in particular the unjustified interferences in the applicants’ freedom of expression due to bans imposed under article 11 e) of Law No. 2935 on the state of emergency and/or Article 1 a) of the Legislative Decree No. 430 on the measures to be taken during the state of emergency, concerning the introduction and/or publication and/or distribution of newspapers or political posters in the region subject to the state of emergency, and absence of a judicial remedy to challenge the orders of the governor of the state of emergency region (violations of Articles 10 and 13).

According to Article 7 of Legislative Decree No. 285 declaring the state of emergency, no administrative decision taken by the governor of a region under the state of emergency rule was subject to judicial review.

1. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number	Pecuniary damage	Non-pecuniary damage	Costs and expenses	Total
Halis Doğan and others 50693/99	-	EUR 12000	EUR 2000	EUR 14000 Paid on 10/07/2006
Mehmet Çolak 38323/02	-	EUR 2000	EUR 1250	EUR 3250 Paid on 06/12/2007
Demirel and others 75512/01	No just satisfaction awarded.
Tüzel 57225/00	-	EUR 1500	EUR 1000	EUR 2500 Paid on 26/07/2006
Tüzel (No. 2) 71459/01	-	EUR 1500	EUR 1000	EUR 2500 Paid on 27/05/2007
Mehmet Emin Yıldız and others 60608/00	-	EUR 7500	EUR 815	EUR 8315 Paid on 13/10/2006
Saygılı and Seyman 51041/99	-	EUR 5000	EUR 1500	EUR 6500 Paid on 21/12/2006
Fevzi Saygılı 74243/01,71459/01	-	EUR 2500	-	EUR 2500 Paid on 24/06/2008

b) Individual measures

In these cases individual measures are linked to general measures.

2. General measures

Legislative Decree No. 285 declaring the state of emergency was lifted in November 2002. Since the decree is no longer in force, current legislation provides sufficient safeguards to all individuals for grievances under the Convention (See Final Resolution CM/ResDH(2007)97).

In addition the judgments of the European Court were translated and circulated to the relevant authorities.

3. Conclusions of the respondent state

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