European Court of Human Rights

Resolution CM/ResDH(2009)97¹

Execution of the judgments of the European Court of Human Rights

Aktaş Abdülkadir and Ak 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 unlawfulness of the applicants’ transfer to police and gendarmerie premises for further interrogation after being placed in pre trial detention under the state of emergency legislation (violation of Article 5§1), lack of a remedy in this respect (violation of Article 5§4) and lack of a right to compensation in this respect (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)97

Execution of the judgments of the European Court of Human Rights

Aktaş Abdülkadir and Ak against Turkey

Introductory case summary

These cases concern the unlawfulness of the applicants’ transfer to police and gendarmerie premises for further interrogation after being detained on remand on the basis of Decree-Law No. 430 on additional measures to be taken in the region covered by the state of emergency (violation of Article 5§1), lack of a remedy in this respect (violation of Article 5§4), and lack of a right to compensation for unlawful detention (violation of Article 5§5).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

No individual measures are necessary since the applicants are no longer detained in custody.

II. General measures

These cases present similarities to the cases of Dağ and Yaşar against Turkey and Karagöz against Turkey closed by Final Resolution CM/ResDH(2007)96 and in which the Turkish authorities already adopted the necessary general measures: in November 2002 the state of emergency was lifted in all regions in Turkey. Consequently, Decree-Law No. 430 is no longer in force.

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.