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You are here: BAILII >> Databases >> European Court of Human Rights >> Basin & Ors v Turkey - 69763/01 [2009] ECHR 2269 (3 December 2009) URL: http://www.bailii.org/eu/cases/ECHR/2009/2269.html Cite as: [2009] ECHR 2269

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Resolution CM/ResDH(2009)151¹

Execution of the judgments of the European Court of Human Rights

Eytişim Basın Yayın Reklam Sanat Hizmetleri Ticaret Limited Şirketi against Turkey and Yurttaş 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 concerns: notably unjustified interference with the applicants' freedom of expression on account of their conviction under former Article 8 of Anti-terrorism Law (No. 3713) (violation of Article 10 of the Convention), and the applicant's prolonged detention in police custody (in the Yurttaş case) (violation of Article 5, paragraph 3 of the Convention) (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;

Having examined the measures taken by the respondent state to that effect, the details of which appear in Appendix;

Recalling that in its Interim Resolution (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)151

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

Eytişim Basın Yayın Reklam Sanat Hizmetleri Ticaret Limited Şirketi against Turkey and Yurttaş against Turkey

Introductory case summary

The cases concern unjustified interference with the applicants' freedom of expression on account of their conviction under former Article 8 of Anti-terrorism Law (No. 3713) (violation of Article 10).

The Yurttaş case also concerns the applicant's prolonged detention in police custody (violation of Article 5 § 3).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

As regards the violation of Article 10, the measures to erase the consequences of the violation for the applicant were taken (See Final Resolution ResDH(2006)79).

As regards the violation of Article 5§3, no individual measures appear necessary as the applicant is no longer detained in police custody.

II. General measures

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

The provision at the origin of the applicants' convictions in all these cases was abrogated on 19/07/2003 by Law No. 4928, in the framework of an extensive programme of reforms aimed at bringing Turkish law in 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).

Violation of Article 5 § 3 relating to the prolonged detention in police custody

Following the constitutional and legislative reforms, provisions related to police custody were brought in conformity with the requirements of Article 5 of the Convention (see Sakik and others (Final Resolution ResDH(2002)110) and Ayaz and others (Final Resolution CM/ResDH (2008)29)).

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.