|
MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1514/H46-35 |
5 December 2024 |
|
1514th meeting, 3-5 December 2024 (DH)
H46-35 Dink v. Turkey (Application No. 2668/07) Supervision of the execution of the European Court’s judgments
Reference documents |
Decisions
The Deputies
1. recalled that the present case mainly concerns the failure of the authorities to take steps to prevent the murder of the journalist and newspaper editor, Fırat Dink, despite having been reasonably informed of a real and imminent threat to his life, and ineffectiveness of subsequent investigations (substantive and procedural violations of Article 2);
As regards individual measures
2. noted with interest that high ranking officials in respect of whom public prosecutors had previously issued non-prosecution decisions were eventually sentenced by final judicial decisions for their involvement in Fırat Dink’s assassination;
3. noted with regret that criminal proceedings and disciplinary investigations against a number of public officials were discontinued due to the expiry of the statutory limitation periods; and urged the authorities to redouble their efforts to ensure that the pending criminal proceedings for the offences of intentional killing or aiding are concluded in a Convention-compliant manner before they become
time-barred;
As regards general measures
4. noted with interest the information provided by the authorities on the provisions under Turkish law relating to the State’s obligation to protect all individuals, including journalists, facing threats, both related or unrelated to terrorist organisations;
5. recalling that the present judgment requires specific measures aimed at effectively protecting the right to life of journalists when they face real and imminent threat to their lives, including immediate access to protective measures in the light of their Recommendation on the protection of journalism and safety of journalists and other media actors (CM/Rec(2016)4), invited the authorities to provide further information on the implementation of the applicable legal framework (including Circular No. 2022/17 on the Protection of Threatened Persons) and to demonstrate how it aligns with the Convention requirements in providing protection to journalists when they are faced with threats to their lives, including examples of protective measures offered;
6. encouraged, once again, the authorities to consider legislative or other measures to enhance the safety of journalists and protect their professional activities, building on the Committee’s Recommendation CM/Rec(2016)4;
7. repeated their call for up-to-date statistical information regarding the safety of journalists in Türkiye, as well as their encouragement to the authorities to cooperate actively with the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, by promptly reacting to alerts posted on the Platform concerning threats and violence against media professionals in Türkiye;
8. recalled that the general measures required by the violation of Article 10 of the Convention are examined within the context of the Altuğ Taner Akçam group, and that the general measures required in response the procedural violation of Article 2 and violation of Article 13 in conjunction with Article 2 are examined within the context of the Batı and Others group and the Elvan case;
9. invited the authorities to provide information on all outstanding issues examined under this case by the end of December 2025.