Recommendations
A/HRC/33/51/Add.1
12
11
13
Measures taken/current situation
Level of implementation and
observations (to be completed by
the WGEID)
analysis of the NGOs indicates that throughout the investigation
process the public prosecutors did not conduct the investigations
into killings in a way that would shed light on the events and/or
identification of the perpetrators. Given the absence of the official
data, reportedly in some cases bodies remain missing11.
Between January and April 2016 there have been amendments
made to the Regulations relating to the implementation of the
Law on the Forensic Institute, as well as to the Regulations
relating to cemeteries, which stipulate a time period (from 15 to
5 days 12 ) that family members can claim dead bodies of their
relatives from the morgue, the bodies were buried at various
cemeteries of the nameless without waiting for the results of
DNA analysis or identification processes. This resulted in mixups of the bodies and stalled further investigation of evidence.
Moreover, with the Law No. 6722 of 23 June 2016, the
Government of Turkey had made amendments to the Provincial
Administration Law based on which the curfews were declared
and anti-terrorism operations conducted 13 . These amendments
inter alia provide impunity for the military personnel deployed in
operations. The amendments subject the judicial investigations of
military personnel deployed in operations based on the Provincial
Administration Law to an administrative approval at the
ministerial level. They also acknowledge any offence committed
in the framework of these operations to be a military offence
which results in the perpetrators to be tried by military courts,
effectively shielding military personnel from any civil
investigation or proceedings.
absolute and must be protected and
upheld at all times.
It is against this background that the
Working
Group
reminds
the
Government of Turkey that acts
constituting enforced disappearance
shall be considered a continuing
offence as long as the perpetrators
continue to conceal the fate and the
whereabouts of persons who have
disappeared and these facts remain
unclarified, as stipulated by Article 17
of the Declaration on the Protection of
all
Persons
from
Enforced
Disappearance.
Similarly,
the
Working Group underscores that the
termination or suspension of the
criminal investigation regarding an
alleged enforced disappearance does
not release the State from its
obligation to search, locate and
identify disappeared person or his/her
remains, including their return to the
relatives, with due respect for cultural
customs.
proceedings are conducted in compliance with the standards of the European Court of Human Rights determined in its jurisprudence under Article 2, which
recognizes the duty of states to ensure effective investigation into deaths resulting from the actions of State agents, both from the use of lethal force, and also in
situations arising from the negligence of agents that leads to a death.
The written parliamentary question of Ms. Nuran Imir, Şırnak MP, indicates the names of 14 people that their bodies have not been discovered yet. The written
parliamentary question is available at https://www2.tbmm.gov.tr/d27/7/7-22833s.pdf.
Although the time period is regulated as 5 days, the governors and sub-governors were authorised to order the burial themselves if the families had failed to do so
within 24 hours. In addition, the governors and sub-governors were authorised to order the bodies to be given to them instead of the families if they consider there will
be a possibility of disrupted public order during a burial.
The provisions of the amendment further extend this protection to village guards.
A/HRC/45/13/Add.4
11
Situation during the visit
A/HRC/33/51/Add.1
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents