Loizidou against Turkey - ResDH(2003)

(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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