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

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