European Court of Human Rights

Resolution CM/ResDH(2009)39¹

Execution of the judgment of the European Court of Human Rights

Karakoç against Turkey

(Application No. 28294/95, judgment of 02/11/2004) (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 judgment of the European Court of Human Rights (hereinafter referred to as “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the applicant’s admissible complaints in this case concerned the alleged forced eviction of the applicant and his family from their village and the destruction of his home and possessions by the security forces (see details in Appendix) (complaints under Articles 3, 5, 6, 8, 13, 14 and 18 of the Convention and of Article 1 of Protocol No. 1);

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 was 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 in particular agreed that the government of the respondent state would pay the applicant 48 000 euro (see Appendix), within three months as from the notification of the judgment;

Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the President 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 judgment;

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 01/02/2005, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided for in the friendly settlement and taken the other measures it had undertaken in this case to comply with the Court’s judgment;

Having examined the information supplied by the government of Turkey,

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

DECIDES to close its examination.

Appendix to Resolution CM/ResDH(2009)39

Information about the measures to comply with the judgment in the case of

Karakoç against Turkey

Introductory case summary

The applicant’s admissible complaints in this case concern the alleged forced eviction of the applicant and his family from their village and the destruction of his home and possessions by the security forces. He invoked Articles 3, 5, 6, 8, 13, 14 and 18 of the Convention and Article 1 of Protocol No. 1 to the Convention.

I. Payments and individual measures

a) Details of payments

b) Individual measures

The government paid the applicant the sum within the time-limit agreed to under the terms of the friendly settlement and declared that there was no longer any obstacle for the applicant’s return to his village.

Furthermore, in the friendly settlement, the government declared to “supply necessary provisions for the restoration of the applicant’s house in accordance with the Return to Village and Rehabilitation Project”. In the context of this project, on 25/05/2006, the applicant signed a settlement offered by the administration whereby he accepted the payment of 20 000 Turkish liras allocated for the restoration of his house.

II. General measures

This case presents similarities to the case of Doğan and others closed with the Resolution CM/ResDH(2008)60 in which the Turkish authorities have already adopted the necessary general measures.

Furthermore, in the friendly settlement the Turkish Government undertook to “issue appropriate instructions and adopt all necessary measures to ensure that individual rights guaranteed by Articles 3, 8, 13 and Article 1 of Protocol No. 1- including the obligation to carry out effective investigations - are respected in the future” (see Interim Resolution, CM/ResDH (2008)69 for measures taken so far and outstanding issues).

III. Conclusions of the respondent state

The government considers that the measures taken have remedied the applicants’ situation and that accordingly Turkey has fulfilled the undertakings subscribed to in the friendly settlement.