|
MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1501/H46-22 |
13 June 2024 |
|
1501st meeting, 11-13 June 2024 (DH)
H46-22 Ozdil and Others v. Republic of Moldova (Application No. 42305/18) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalled that this case concerns the applicants’ unlawful, unnecessary and arbitrary deprivation of liberty and lack of respect for their private and family lives on account of their extra-legal transfer from the Republic of Moldova to Türkiye in September 2018, circumventing all guarantees offered to them by domestic and international law;
As regards individual measures
2. noted with interest the decisions to grant refugee status to the applicants Riza Dogan, Mehmet Tüfekci and Mujdat Celebi;
3. invited further the authorities to continue their efforts to obtain information from the Turkish authorities on the current situation of the applicants in Türkiye; strongly encouraged the authorities to take the necessary diplomatic action to facilitate the applicants’ return to the Republic of Moldova, if the latter so wish;
As regards general measures
4. in the context of the criminal proceedings against the former Head of the Secret and Intelligence Service, invited the authorities to re-consider, in a Convention-compliant manner, the request to grant the injured party’s status to Mrs Tüfekçi, to provide the reasoning for non-disclosure of a number of documents in the case-file and to indicate the safeguards put in place to protect the applicants’ interests in this situation, as well as to provide updated information on the outcome of this criminal proceedings;
5. invited further the authorities to step up their efforts in view of taking prompt, adequate and complete investigative actions to elucidate the involvement in the events of any other higher-level actors and to keep the Committee informed on the progress in this criminal investigation; and encouraged the Turkish authorities to provide assistance to the investigation if required;
6. invited the authorities to provide a comparative analysis of the new system of oversight over the Security and Intelligence Service with the previous one and to submit information on its functioning in practice, including on the scope of authority and relevant activities of the monitoring bodies; encouraged the authorities to rely on co-operation with the Secretariat in this exercise;
7. yet again encouraged the authorities to send a clear message from the highest political level as to the absolute unacceptability of, and zero tolerance towards, arbitrary detention and extra-legal transfers;
8. lastly, invited the authorities to provide updated information on all the above issues by 15 January 2025, at the latest.