COE Monitoring: Execution of the Opuz Judgment

ECtHR Judgement:
 
HRJP Monitoring:

 

Case description: Under examination : new case or case awaiting classification (standard or enhanced procedure).

Status of execution: Under examination : new case or case awaiting classification (standard or enhanced procedure).

Last exam of the Committee of Ministers:

33401/02 Opuz, judgment of 09/06/2009, final on 09/09/2009

The case relates to the authorities’ failure to protect the applicant and her mother from domestic violence. The European Court found that the authorities had failed to protect the right to life of the applicant’s mother who was killed by the applicant’s ex-husband even though the authorities had been repeatedly alerted about his violent behaviour (violation of Article 2).

The case also concerns the authorities’ failure to take protective measures in the form of effective deterrence against serious breaches of the applicant’s personal integrity by her ex-husband’s violent and abusive behaviour (violation of Article 3).

Lastly, the case concerns the discrimination suffered in conjunction with Articles 2 and 3 in that the violence suffered by the applicant and her mother was gender-based, which amounted to a form of discrimination against women, particularly considering that, in cases of domestic violence in Turkey, the general passivity of the judicial system and impunity enjoyed by aggressors mainly affected women (violation of Article 14).
 

Individual and general measures: The European Court, ruling on an equitable basis, awarded the applicant just satisfaction in respect of the damage sustained by her as a result of violations of Articles 2, 3 and 14 of the Convention.

• Action plans provided by the Turkish authorities on 17/05/2010 and 29/06/2010 are being assessed.

The Deputies decided to resume consideration of this item at their 1108th meeting (March 2011) (DH), in the light of the assessment of the action plans provided by the authorities.

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