Recommendations
A/HRC/33/51/Add.1
97. Ensure strict adherence by the relevant
authorities to the applicable procedures for
extradition, return and expulsion, and in
particular, guarantee evaluation on a caseby-case basis in order to establish whether
there are grounds for believing that the
person could be subjected to enforced
disappearance.
Situation during the visit
A/HRC/33/51/Add.1
Measures taken/current situation
ICJ
The provision has not been abolished.
Ministry of Justice
Being a party to the European Convention on Extradition, the
European Convention on Mutual Assistance in Criminal Matters,
as well as to the European Convention of Human Rights and
bilateral agreements with concerned states, Turkey performs
extradition proceedings on the legal basis of the "Law on
International Cooperation in Criminal Matters" (LICCM no:6706), which was adopted in 2016 in line with the said
international instruments, attaching great importance to observe
obligations deriving from her national legislation and
international human rights law.
Human Rights Association
In practice, the procedural safeguards and guarantees are not met
or followed.
Level of implementation and
observations (to be completed by
the WGEID)
The Working Group has underscored
that when States actively condone
expulsions and other forms of forcible
return of migrants including asylumseekers, they may not only violate
their national laws that provide for fair
and due process, but also their
international obligations, most notably
the principle of non-refoulement. It is
essential that in each case, as provided
for
in
international
law,
comprehensive
individual
assessments are carried out to
determine whether and what risks for
their rights the individual may face
upon return.
ICJ
There is no evidence to suggest that any measures have been
taken.
98. Fully comply in this respect with article
8 (1) of the Declaration, in which it is
specified that “no State shall expel, return
(refouler) or extradite a person to another
State where there are substantial grounds to
believe that he would be in danger of
enforced disappearance”.
Ministry of Justice
Human Rights Association
For the past three years, since the adoption of the EU-Turkey
Statement in March 2016, İHD and many other organisations
55
However, the Working Group is
concerned about a spike in the number
of reports it has received according to
which the government has deported
hundreds of Syrian refugees possibly
in violation of the principle of nonrefoulement. For that reason, the
Working Group underscores the
fundamental international protection
principle of non-refoulement, which is
enshrined in several key human rights
A/HRC/45/13/Add.4
Article 11 of the LICCM has set the criteria for rejection
according to which request for extradition shall not be accepted
if there are grounds (by letter of the law "strong suspicion") for
believing that the person could be subject to an investigation or
prosecution or be punished or be subject to torture or ill-treatment
because of his/her race, ethnic origin, religion, nationality, his/her
connection to a certain social group or political opinions. The
LICCM ensures extradition requests to be evaluated on a caseby-case basis.
The Working Group continues to
commend the efforts made by the
Government of Turkey in hosting
millions of Syrian refugees.
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