European Court of Human Rights

Resolution CM/ResDH(2009)40¹

Execution of the judgment of the European Court of Human Rights

in the case of Abdulkadir Aydın and others against Turkey

(Application No. 53909/00, judgment of 20/09/2005, final on 20/09/2005)

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

Recalling that the applicants’ admissible complaints in this case concerned the alleged breach of their right to freedom of assembly (complaint under Article 11), the absence of an effective remedy (complaint under Article 13) and the alleged discrimination of their political party on account of the Kurdish origin of its members (complaint under Article 14) (see details in Appendix);

Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicants, 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 agreed that the government of the respondent state would pay the applicants 8 000 Euros (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 14/12/2005, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sum provided for in the friendly settlement and that no other measure was required 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)40

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

Abdulkadir Aydın and others against Turkey

Introductory case summary

The case concerns the applicants’ complaints concerning a decision by the prefect of a region under state of emergency preventing campaign visits by the applicants as members of a political party. This decision was taken pursuant to Article 11 (k) of Law No. 2935 on the State of Emergency. The applicants complained of a breach of their right to freedom of assembly (complaint under Article 11), the absence of an effective remedy enabling them to appeal against the prefectoral decision (complaint under Article 13) and of having been subjected to a measure of discrimination on account of the Kurdish origin of the members of the party (complaint under Article 14).

I. Payments and individual measures

a) Details of payments

b) Individual measures

The government paid the applicants the sum within the time-limit agreed to under the terms of the friendly settlement and that no other measures are required in this case to comply with the Court’s judgment;

II. General measures

The government recalled in the friendly settlement declaration that Legislative Decree No. 285 declaring the state of emergency in several regions had been cancelled in November 2002 and as a result the state of emergency was lifted in these regions.

No other measures are required under the terms of the friendly settlement reached by the parties.

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.