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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