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You are here: BAILII >> Databases >> European Court of Human Rights >> Arslan Adem & Ors v Turkey - 75836/01 [2010] ECHR 970 (3 June 2010) URL: http://www.bailii.org/eu/cases/ECHR/2010/970.html Cite as: [2010] ECHR 970

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Resolution CM/ResDH(2010)64¹

Execution of the judgments of the European Court of Human Rights

in 23 cases against Turkey concerning the unfairness of certain criminal proceedings

(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 violation of the Convention found by the Court in these cases concern the unfairness of certain criminal proceedings due to the failure to hold hearings in cases in which the applicants were ordered to pay small fines by “sentence orders” adopted on the basis of an examination of the file (violations of Article 6§1) (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(2010)64

Information about the measures to comply with the judgments of the European Court of Human Rights in 23 cases against Turkey concerning the unfairness of certain criminal proceedings

Introductory case summary

These cases relate to the unfairness of certain criminal proceedings due to the failure to hold hearings in cases in which the applicants were ordered to pay small fines by “sentence orders” adopted on the basis of an examination of the file, (violations of Article 6§1) (see details in Appendix).

1. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The applicants were ordered to pay insignificant amounts in fines following proceedings during which they were deprived of their right to have a hearing. The violations found are not therefore based on procedural errors or shortcomings of such a gravity that a serious doubt is cast on the outcome of domestic procedures, within the meaning of the Recommendation Rec(2000)2 on the re-examination of reopening of certain cases at domestic level. Consequently, no other individual measures apart from the payment of just satisfaction are necessary.

II. General measures

The provision preventing the holding of public hearings was declared unconstitutional by a decision of the Constitutional Court of June 2004 in the light of Article 6 of the Convention and Article 36 of the Turkish Constitution (right to a trial). Furthermore, the new Code of Criminal Procedure, which came into force in June 2005, contains no provision on “sentence orders”. In these circumstances, no further general measures appear necessary.

III. Conclusions of the respondent state

The government considers that no individual measure is required, apart from the payment of the just satisfaction and that the general measures adopted will prevent similar violations and that Turkey has thus complied with its obligations under Article 46, paragraph 1 of the Convention.