Council of Europe Committee of Ministers Decision on "Case against Turkey"

Council of Europe Committee of Ministers reminded Turkey the judgments of the European Court about "Ülke" case against Turkey on 1120th meeting on 14th September 2011. The Committee urged Turkey strongly to make the necessary measures to execute the judgments about continuous presecutions and criminal convictions on conscientious objectors.

The Official Decision of "Council of Europe Committee of Ministers" can be read below or here on the Committee's web site.

CASE No. 13 DRAFT REVISED 1120th meeting – 14 September 2011 Case against Turkey 39437/98 Ülke, judgment of 24/01/2006, final on 24/04/2006 Interim Resolution CM/ResDH(2007)109 and CM/ResDH(2009)45, DD(2009)556, DD(2010)107; DH-DD(2011)600 DH-DD(2011)600E Decisions The Deputies, 1. noted that two previous judgments convicting the applicant on account of persistent disobedience became time barred and could not therefore be executed; 2. expressed grave concern with regard to the fact that there was currently a valid arrest warrant against the applicant on account of a criminal investigation pending against him for desertion; 3. stressing that the European Court in its present judgment found that “the numerous criminal proceedings brought against the applicant, the cumulative effects of the ensuing criminal convictions and constant alternation between prosecution and imprisonment together with the possibility that he would face prosecution for the rest of his life, are disproportionate to the aim of ensuring that he performs his military service”; 4. expressed further their grave concern that this judgment still remains to be executed; 5. recalled that Turkey has stated on numerous occasions that legislative measures were required not only to prevent similar violations but also to prevent the continuous prosecutions and convictions of the applicant (see Interim Resolution (2007)109); 6. strongly urged Turkey once more to take the necessary measures to execute this judgment; 7. insisted in this respect that Turkey informs the Committee of Ministers of the legislative measures required in time before the December DH meeting, including on their content and their time-table for adoption. 8. decided to resume consideration of this item having in mind document CDDH(2008)014 addendum II.