In its Hasan Köse judment, under the supervision of the Committee of Ministers in the Batı and others group, the European Court indicated under Article 46 of the Convention that the suspension of the pronouncement of judgments may create an atmosphere of impunity and that in cases of state agents, who perpetrated serious offences, this practice is incompatible with the requirement of Articles 2 and 3 of the Convention to ensure accountability. In its recent decision published in the Official Gazette on 1 August 2023, and in line with the long-standing case-law of the European Court and the recommendations of the Committee of Ministers, the Constitutional Court annulled the relevant paragraphs of Article 231 of the Code of Criminal Procedure, which regulates the suspension of the pronouncement of judgments.
At its recent examination of the Batı and others group (1475th DH meeting, September 2023), the Committee welcomed the decision of the Constitutional Court and invited the authorities to keep it updated regarding the application of this provision by domestic courts in the course of next year, when the amendment officially enters into effect.
