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COUNCIL OF EUROPE

COMMITTEE OF MINISTERS

Resolution DH (2000) 105



concerning the judgment of the European Court of Human Rights
of 28 July 1998 
in the case of Loizidou against Turkey

(Adopted by the Committee of Ministers on 24 July 2000
at the 716th meeting of the Ministers’ Deputies)

The Committee of Ministers, acting under the terms of Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”), Deeply deploring the fact that, to date, Turkey has still not complied with its obligations under the judgment delivered by the European Court of Human Rights on 28 July 1998 in the case of Loizidou against Turkey; Recalling its Interim Resolution DH (99) 680 of 6 October 1999, in which, inter alia, the Committee of Ministers strongly urged Turkey to pay the just satisfaction awarded in this case so as to ensure that Turkey, as a High Contracting Party, meets its obligations under the Convention;
Recalling that, subsequently, the Chairman of the Committee of Ministers wrote to his Turkish counterpart recalling that, as for all Contracting Parties, Turkey’s obligation to abide by judgments of the Court is unconditional;
Stressing that Turkey has had ample time to fulfil in good faith in the present case its obligations,
Emphasises that the failure on the part of a High Contracting Party to comply with a judgment of the Court is unprecedented;
Declares that the refusal of Turkey to execute the judgment of the Court demonstrates a manifest disregard for 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 the gravity of the matter, strongly insists that Turkey comply fully and without any further delay with the European Court of Human Rights’ judgment of 28 July 1998.

 

ECHR RULING ON LOIZIDOU WILL BE IMPLEMENTED

Strasbourg, 28 January 2000 (13:42 UTC+2)

The secretary general of the Council of Europe Walter Sweimer clarified yesterday that the decision by the European court for Human Rights regarding the case of Greek-Cypriot citizen Titina Loizidou will definitely be implemented.

Replying to a question raised by the British deputy Tom Kox, Mr Sweimer stressed that the implementation of the decision was necessary as a purely legal and not political issue.

He also announced that the issue would be examined by the committee of deputy foreign ministers during its next meeting next week.

Mr Sweimer discussed the matter with the head of the Cypriot delegation at the parliamentary assembly of the Council of Europe in Strassburg.

He further expressed his intention to have contacts with the UN secretary general or with his representatives, in order to be briefed on developments in the Cyprus issue and see to what extent he could intervene so as to boost efforts to resolve the problem.

 

COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

________

 

INTERIM resolution DH (99) 680

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS
OF 28 JULY 1998

IN THE CASE OF LOIZIDOU AGAINST TURKEY

(Adopted by the Committee of Ministers on 6 October 1999
at the 682nd meeting of the Ministers’ Deputies)

The Committee of Ministers,

Having regard to the judgment of the European Court of Human Rights of 28 July 1998 which ordered Turkey to pay to the applicant before 28 October 1998 specific sums for damages suffered and for costs and expenses ;

Considering that this judgment has been transmitted to the Committee of Ministers for supervision of its execution in accordance with Article 54 of the Convention;

Having regard to the fact that Turkey’s compliance with this judgment has been examined by the Committee of Ministers’ Deputies in subsequent meetings since September 1998;

Considering that the Government of Turkey has indicated that the sums awarded by the European Court could only be paid to the applicant in the context of a global settlement of all property cases in Cyprus and concluding that the conditions of payment envisaged by the Government of Turkey cannot be considered to be in conformity with the obligations flowing from the Court’s judgment ;

Deploring the fact that Turkey has not yet complied with the judgment by paying to the applicant the sums awarded by the Court,

Stressing the obligation undertaken by all contracting States to abide by the judgments of the Court, in accordance with Article 53 of the European Convention on Human Rights;

Strongly urges Turkey to review its position and to pay the just satisfaction awarded in this case in accordance with the conditions set out by the European Court of Human Rights so as to ensure that Turkey, as a High Contracting Party, meets its obligations under the Convention.

 

Britain calls on Turkey to honour Loizidou ruling

British Foreign Minister Joyce Quin stated that her country and its European partners continue to remind Turkey of its obligations in the Loizidou vs. Turkey case. During a parliamentary meeting of the House of Commons, Quin emphasized that at the last meeting of the Committee of Ministers' Deputies, it was agreed that its chair "would write to Turkey asking for clarifications on Turkey's intentions" Quin further stated that "we will continue to discuss with EU partners as with other members ofd the Council of Europe how best to achieve Turkish implementations of the Court judgement".

 

 

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