CASE OF YAŞAR KAPLAN AGAINST TURKEY

Resolution CM/ResDH(2019)48
Execution of the judgment of the European Court of Human Rights
Yaşar Kaplan against Turkey
 
(Adopted by the Committee of Ministers on 27 February 2019
at the 1338th meeting of the Ministers’ Deputies)
 
 
Application No.
Case
Judgment of
Final on
56566/00
YAŞAR KAPLAN
24/01/2006
24/04/2006
 
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 final judgment transmitted by the Court to the Committee in this case and to the violation established;
 
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
 
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
 
Recalling that the question of the general measures required on the need to provide sufficient and relevant reasoning for bringing criminal proceedings against journalists is being examined under the new freedom of expression group of cases of the Öner and Türk group (former Incal group),and in the Nedim Şener and Altuğ Taner Akçam groups of cases (see CM/ResDH(2018)356);
 
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
 
Having examined the action report provided by the government indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2018)1220);
 
Recalling that the Committee of Ministers’ decisions under Article 46, paragraph 2, of the Convention are entirely without prejudice to the Court’s consideration of any future cases lodged before it;
 
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
 
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
 
DECIDES to close the examination thereof.

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