European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2009/1750.html
Cite as: [2009] ECHR 1750

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Resolution CM/ResDH(2009)98¹

Execution of the judgments of the European Court of Human Rights

delivered between 20/10/2005 and 31/07/2007 in

5 cases against Turkey concerning freedom of expression following convictions under former Article 8 of Anti-terrorism Law (No. 3713)

(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 with the applicants’ freedom of expression due to their conviction under former Article 8 of Anti-terrorism Law (No. 3713), and/or seizure of the publications (violation of Article 10) (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;

Recalling that in its Interim Resolution ResDH(2004)38 of 02/06/2004 the Committee of Ministers decided that its examination of those cases involving the applicants convicted on the basis of former Article 8 of Anti terrorism Law would be closed upon confirmation that the necessary individual measures had been taken, and that, accordingly, in its Final Resolution ResDH(2006)79 it decided to close the examination of 32 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)98

Information about the measures to comply with the judgments delivered between 27/05/2004 and 31/10/2007 in 5 cases against Turkey concerning freedom of expression following convictions under former Article 8 of

Anti-terrorism Law (No. 3713)

Introductory case summary

These cases relate to unjustified interference with the applicants’ freedom of expression, due to their conviction by state security courts, under former Article 8 of Anti-Terrorism Law, following the publication of articles and books or the preparation of messages addressed to a public audience (violations of Article 10).

Cases Nos. 49564/99, 55391/00 and 52709/99 also concern violations of the applicants’ right to be tried by an independent and impartial court, on account of the presence of a military judge in the state security court, which convicted them (violations of Article 6§1).

Case No. 55391/00 furthermore concerns the excessive length of criminal proceedings before a state security court (violation of Article 6§1).

I. 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
Karakoç Refik 53919/00	-	EUR 2000	EUR 500	EUR 2500 Paid on 06/07/2006
Keskin Emire Eren 49564/99	-	EUR 7500	EUR 3000	EUR 10500 Paid on 17/05/2006
Okçuoğlu Mehmet 48098/99	No just satisfaction awarded.
Özçelik Osman and others 55391/00	EUR 572	EUR 27500	EUR 3000	EUR 31072 Paid on 18/04/2006
Ulusoy 52709/99	No just satisfaction awarded.

b) Individual measures

Measures were taken to erase the consequences of the violations for the applicants (see Final Resolution ResDH(2006)79).

II. General measures

Violations of Article 10 relating to convictions under former Article 8 of Anti-terrorism Law (No.3713)

The provision at the origin of the applicants’ convictions in all these cases was repeated on 19/07/2003 by Law No. 4928, in the framework of an extensive programme of reforms to bring Turkish law into conformity with the Convention’s requirements concerning freedom of expression (see Final Resolution ResDH(2006)79 and CM/Inf/DH(2008)26 for a more comprehensive overview of the general measures adopted or still under way as regards all relevant provisions on freedom of expression).

Violations of Article 6 relating to the independence and impartiality of State Security Courts

Measures have already been taken to prevent new violations of this kind, notably through the amendment of Article 143 of the Turkish Constitution which concerns the composition of state security courts (Law No. 4388, adopted on 18 June 1999), and the entry into force, on 22 June 1999, of Law No. 4390, which provides that the functions of the military judges and military prosecutors end at this date (see Resolution DH(99)555 in the case of Çiraklar against Turkey). Furthermore, on 07/05/2004, the Parliament approved a constitutional amendment abolishing state security courts.

Violation of Article 6 relating to the excessive length of criminal proceedings before state security courts

On 07/05/2004, the Parliament approved a constitutional amendment abolishing state security courts (see Final Resolution ResDH(2006)79).

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violations of the Convention found by the European Court in these cases, that these measures will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1, of the Convention.