European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2010/569.html
Cite as: [2010] ECHR 569

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Interim Resolution CM/ResDH(2010)33^¹

Execution of the judgment of the European Court of Human Rights

in the case of Xenides-Arestis against Turkey

(Application No. 46347/99, judgment of 7 December 2006, final on 23 May 2007)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”);

Deeply deploring the fact that, to date, Turkey has still not complied with its obligations to pay to the applicant the sums awarded in respect of just satisfaction in the Court’s judgment of 7 December 2006;

Recalling its Interim Resolution CM/ResDH(2008)99 of 4 December 2008, in which, inter alia, the Committee of Ministers strongly insisted that Turkey pay the sums awarded in the Court’s judgment of 7 December 2006, as well as the default interest due;

Recalling that, subsequently, the Chairman of the Committee of Ministers wrote to his Turkish counterpart underlining once again Turkey’s obligation to pay these sums;

Declares that Turkey’s continuing refusal to comply with the judgment of the Court is in flagrant conflict with its international obligations, both as a High Contracting Party to the Convention and as a member State of the Council of Europe;

In view of this situation which gives serious cause for concern, strongly urges Turkey to review its position and to pay without any further delay the just satisfaction awarded to the applicant by the Court, as well as the default interest due.

1 Adopted by the Committee of Ministers on 4 March 2010 at the 1078th meeting of the Ministers’ Deputies.