The Council of Europe Ministers’
Deputies today adopted the following Interim Resolution :
Interim Resolution
ResDH(2003)…
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.
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