The Committee of Ministers of the 47-nation Council of Europe has referred the Kavala v. Turkey case to the European Court of Human Rights to determine whether Turkey has failed to fulfil its obligation to implement the Court’s judgment in this case, in line with proceedings provided for under Article 46.4 of the European Convention on Human Rights.
In an Interim Resolution adopted yesterday, the Committee found that, by failing to ensure Mr Kavala’s immediate release, Turkey is refusing to abide by the Court’s final judgment in his case. This view is disputed by the Turkish authorities.
Under Article 46 of the European Convention on Human Rights, Council of Europe member states are obliged to implement judgments from the European Court of Human Rights. Article 46.4 of the Convention gives the Committee of Ministers, which is responsible for supervising the execution of the Court’s judgments, the possibility of referring to the Court the question of whether a state has failed to fulfil its obligation to implement a judgment.
European Court of Human Rights “Country profile” on Turkey
Council of Europe factsheet on Turkey’s implementation of ECHR judgments