Situation during the visit
A/HRC/33/51/Add.1
Measures taken/current situation
Level of implementation and
observations (to be completed by
the WGEID)
ICJ8
There has not been any case of criminal responsibility or of civil
liability for acts of enforced disappearance since the WGEID visit
on 27 July 2016. In cases initiated either the defendants have been
acquitted or the cases have been dropped due to statute of
limitation. There are still no reparation programmes, social or
psychological support programmes for families. There is still no
public memorial site.
66. Undertake a thorough and impartial
investigation into all allegations of human
rights violations in the context of the current
security operations in the south-east,
including of families not being able to have
access to the bodies of their killed loved
ones and of bodies being disposed of.
8
9
10
Paragraphs 10-13
Truth Justice Memory Center - the Human Rights Joint Platform
– Human Rights Watch
The investigations into the enforced disappearances of the 1990s
have long been protracted by the public prosecutors, who have
abstained from effectively taking the investigative measures to
establish the truth about the circumstances surrounding the
incidents and identify and –if appropriate – punish those
responsible 9 . The public prosecutors’ unwillingness to collect
available evidence and failure to proceed with reasonable
expedition have caused the closure of investigations without
shedding light on the fate or whereabouts of the disappeared due
to the expiration of statute of limitation periods.
In relation to the security operations in the south-east during the
curfews declared between 2015-2016, the data of the prominent
NGOs 10 reveal the continuation of the similar pattern. The
The Working Group reiterates its
serious concern at the apparent lack of
effective, independent, timely and
impartial
investigations
into
allegations of human rights abuses,
including enforced disappearances,
which have occurred under the guise
of combatting terrorism amid the
ongoing curfews in the southeast.
Allegations of improper disposal and
desecration of bodies with a view to
concealing evidence is a matter of
serious concern, which should be
investigated without further delay.
The families’ right to the truth is
International Commission of Jurists (ICJ).
For a comprehensive analysis of the effectiveness of the investigations into the enforced disappearances of the 1990s, please see, Hakikat Adalet Hafıza Merkezi,
“Enforced Disappearances and the Conduct of the Judiciary”, 2013, pp. 15-47, available at http://hakikatadalethafiza.org/en/kaynak/enforced-disappearances-and-theconduct-of-the-judiciary/.
Hakikat Adalet Hafıza Merkezi (Truth Justice Memory Center), İnsan Hakları Derneği (Human Rights Association) and Türkiye İnsan Hakları Vakfı (Human Rights
Foundation of Turkey) submitted an analysis to the European Court of Human Rights of the 115 investigations into the killings which occurred during the curfews
imposed between 14 December 2015 and 3 March 2016 in the district of Cizre in the Sirnak province. This unpublished analysis aims to set forth whether the
A/HRC/45/13/Add.4
10
Recommendations
A/HRC/33/51/Add.1
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