A/HRC/22/18
number of questions are raised in this context, among which the investigators’ access to
forensic data and evidence found and/or conserved by CMP, and invited the Turkish
authorities to provide replies to all the questions raised by the Committee, while also
drawing on all relevant information contained in military archives and reports. Concerning
the case of Varnava and Others v. Turkey, the Committee of Ministers’ Deputies called
upon the authorities to provide further information on the conduct of investigations in the
cases in issue in this judgment, as well as on the payment of just satisfaction granted by the
Court.
18.
In its concluding observations on Turkey (CAT/C/TUR/CO/3), the Committee
against Torture expressed concern in particular at “the lack of information on progress in
investigating disappearances cases for which the State party has been found in violation of
articles 2, 3 and 5 under the European Convention on Human Rights (Cyprus v. Turkey and
Timurtas v. Turkey of the European Court of Human Rights)” (para. 9). According to the
Committee, “this lack of investigation and follow-up raises serious questions with respect
to the State party’s failure to meet its obligations under the Convention and, as concluded
by the European Court of Human Rights, constitutes a continuing violation with respect to
relatives of the victims (arts. 12 and 13)” (ibid.). The Committee recommended Turkey to
take prompt measures to ensure effective, transparent and independent investigations into
all outstanding cases of alleged disappearances, including those cited by the European
Court of Human Rights, carry out prosecutions as appropriate, and notify relatives of the
victims of the outcomes of such investigations and prosecutions. The Committee
furthermore called upon Turkey to consider signing and ratifying the International
Convention for the Protection of All Persons from Enforced Disappearance.
19.
The Human Rights Committee expressed concern in its concluding observations on
Turkey (CCPR/C/TUR/CO/1) that “no comprehensive approach to cases of enforced
disappearance and exhumations has been adopted, including in those cited by the European
Court of Human Rights (Cyprus v. Turkey and numerous other individual cases)” (para.
11). The Committee recommended that Turkey “should ensure the effective, transparent
and independent investigations into all outstanding cases of alleged disappearances” and
that in all such cases it “should prosecute and punish the perpetrators and grant effective
reparation, including appropriate compensation, to victims or their families” (ibid.).
B.
Non-discrimination
20.
According to article 7 of the Universal Declaration of Human Rights, all are equal
before the law and are entitled without any discrimination to equal protection of the law. 14
Furthermore, all are entitled to equal protection against any discrimination in violation of
the Universal Declaration of Human Rights and against any incitement to such
discrimination.
21.
Cyprus is still considered to have the highest proportion of internally displaced
persons in terms of the percentage of its population (up to 22 per cent). 15 In the area under
the control of the Government of the Republic of Cyprus, there were up to 208,000 of
internally displaced persons at the end of 2011, including over 86,000 people born to
people with displaced status. Discrimination against children of internally displaced women
with “refugee status” in access to the status partially ended in 2011, as the children of
women with displaced person status became eligible for more of the same benefits as
14
15
8
See also article 26 of the International Covenant on Civil and Political Rights.
Internal Displacement Monitoring Centre of the Norwegian Refugee Council, Global Overview 2011
– People internally displaced by conflict and violence (Geneva, 2012), pp. 17 and 66.
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