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)
Human Rights Association
Only a few of the cases involving enforced disappearances of the
1990s have been subject to prosecution. A total of 14 trials have
been initiated for the disappearance of 81 persons. Three of them
concerning the disappearance of three people were commenced
and concluded during the 1990s. While two of these trials resulted
in the conviction of low-level members of security forces, who
received nominal and low sentences, the defendants were
acquitted in the third trial. In 2009-2014, many years after the
crimes occurred, 11 more trials concerning the disappearance of
79 persons were commenced days before the expiry of statutes of
limitation. This was seen as an opportunity for truth and
accountability at the time. However, after some years of
significant efforts, the prosecutions were ineffective, so the trials
were concluded in acquittals or the cases were terminated due to
the expiry of statutes of limitation as of 2015. This radical shift
raised the question of whether the judiciary was hindered by
political interference of the executive. Up until today, while eight
trials have resulted in the judgments of acquittal, two are still
ongoing.
Furthermore, regarding the recent developments in Turkey, a
politics of impunity during the course of 2016 has also enabled
the state to violate the rights under de facto unconstitutional
conditions. The Governorship and District Governorship of
various provinces have been pressured to issue and enforce
curfews for months in response to state directives. This was done
despite the fact that the state is granted no such express authority
or jurisdiction in the 5442 numbered Provincial Administration
Code, indicating conditions outside the bounds of the law. The
lack of adequate investigations into these abuses implicating
government officials has further emboldened the proliferation of
these violations. The ruling party has further solidified these
conditions of impunity through the passing of code 6722.
According to Code 6722 announced on 14 July 2016, all
investigations concerning violations committed by military and
state security personnel must receive special approval,
representing the codification of impunity into law. An
Furthermore, the Working Group
urges the Government of Turkey to
take decisive steps in ensuring
independence of the judiciary in line
with international standards.
A/HRC/45/13/Add.4
12
Recommendations
A/HRC/33/51/Add.1
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