Super User

Super User

Monday, 17 August 2020 13:59

Contact us

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Telephone: (+357) 22 67 60 60

Fax: (+357) 22 67 60 61

Postal address: P.O. Box 21646
CY1511 Nicosia, Cyprus

Office address: The Chanteclair House
2, Sophoulis street, 9th Floor
1096 Nicosia, Cyprus

Website: https://www.cyprus.com.cy

Resolution ResDH(2003)191
concerning the judgment of the European Court of Human Rights
of 18 December 1996
in the Loizidou case against Turkey

(Adopted by the Committee of Ministers on 2 December 2003
at the 862nd meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights dated 18 December 1996,

Decides to resume consideration of the execution of the judgment of 18 December 1996 in due time, taking into consideration proposals to do so at the end of 2005.

Resolution ResDH(2003)190
concerning the judgment of the European Court of Human Rights
of 28 July 1998
in the Loizidou case against Turkey

(Adopted by the Committee of Ministers on 2 December 2003
at the 862nd meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, (hereinafter referred to as "the Convention"),

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, the sums of 300 000,00 Cypriot Pounds for pecuniary damage, the sum of 20 000,00 Cypriot Pounds for non-pecuniary damage, and the sum of 137 084,83 Cypriot Pounds for costs and expenses, plus 8% interest from the expiry of the above date until payment;

Recalling that Turkey's compliance with this judgment has been examined by the Ministers' Deputies since September 1998;

Taking note of the Declaration made by the Government of Turkey today on the execution of the judgment of the European Court of Human Rights dated 28 July 1998;

Having satisfied itself that the sums awarded, together with default interest, have been paid to the applicant on 2 December 2003,

Declares that it has exercised its functions under Article 46, paragraph 2, of the Convention as regards the judgment of 28 July 1998.

Interim Resolution ResDH(2003)174
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 12 November 2003
at the 860th meeting of the Ministers' Deputies)

The Committee of Ministers, having regard to the judgment of the European Court of Human Rights (“the Court”) of 28 July 1998 in the case of Loizidou against Turkey and transmitted the same date to the Committee for supervision of execution in accordance with Article 46 § 2 of the European Convention on Human Rights (“the Convention”);

Recalling that, in that judgment, the Court held that Turkey was to pay to the applicant as just satisfaction specific sums for damages and for costs and expenses;

Recalling its three earlier Interim Resolutions and the fact that on 19 June 2003, before the Committee of Ministers, the Turkish authorities declared unambiguously that they had initiated the measures necessary to enable the Committee to take note of payment of the just satisfaction award and approve a draft final resolution at the DH meeting on 7 and 8 October 2003;

Recalling that it was clear that this payment had to intervene before the examination of the draft final resolution;

Very deeply deploring the fact that Turkey did not honour its undertaking and has thus still not complied with its obligation under Article 46 of the Convention to abide by this judgment;

Stressing anew that the obligation to comply with the Court's judgments is unconditional;

Strongly urges Turkey to reconsider its position and to pay without any conditions whatsoever the just satisfaction awarded to the applicant by the Court, within one week, i.e. 19 November 2003 at the latest,

Declares the Committee's resolve to take all adequate measures against Turkey if Turkey fails once more to pay the just satisfaction awarded by the Court to the applicant.

Interim Resolution ResDH(2001)80
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 26 June 2001
at the 757th meeting of the Ministers’ Deputies)

The Committee of Ministers, acting under the terms of former Article 54 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention” below),


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

Recalling its Interim Resolution DH (2000) 105, in which it declared that the refusal of Turkey to execute the judgment of the Court demonstrated a manifest disregard for Turkey’s international obligations, both as a High Contracting Party to the Convention and as a member State of the Council of Europe, and strongly insisted that, in view of the gravity of the matter, Turkey comply fully and without any further delay with this judgment;

Very deeply deploring the fact that, to date, Turkey has still not complied with its obligations under this judgment;

Stressing that every member State of the Council of Europe must accept the principles of the rule of law and of the enjoyment by all persons within its jurisdiction of human rights and fundamental freedoms;

Stressing that acceptance of the Convention, including the compulsory jurisdiction of the Court and the binding nature of its judgments, has become a requirement for membership of the Organisation;

Stressing that the Convention is a system for the collective enforcement of the rights protected therein,

Declares the Committee’s resolve to ensure, with all means available to the Organisation, Turkey’s compliance with its obligations under this judgment,

Calls upon the authorities of the member States to take such action as they deem appropriate to this end.

 

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".

Page 1 of 3