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) ICJ There is no evidence to suggest that any measures have been taken. Legislation 68. Swiftly make enforced disappearance an autonomous offence punishable by appropriate penalties that reflect its extreme seriousness. The offence should also cover the various modes of criminal liability, including committing, ordering, soliciting or inducing the commission of, attempting to commit, being an accomplice to, and participating in, an enforced disappearance. It should also expressly provide for the application of command responsibility or superior individual criminal responsibility for such crime, and contain the explicit provision that enforced disappearance is a continuous crime to which amnesties and immunities cannot be applied. Furthermore, it should include the practice of widespread or systematic enforced disappearances in the definition of crimes against humanity to which the statute of limitations does not apply. Paragraph 15 Ministry of Justice Despite lack of an autonomous offence under TPC, there has yet been no loophole in national legislation pertaining to the incidents falling within the scope of "enforced disappearance"s as such commissions constitute at least one of the crimes, namely, "intentional killing", "intentional killing by act of omission", "torture", "torment" and "deprivation of liberty", regulated in the articles 81, 82, 83, 94, 95, 96 and 109 of the TPC , respectively. All of those offences have to be investigated and prosecuted exofficio. Systematic commission of intentional killing, torture, torment or slavery and deprivation of liberty against a part of society and in accordance with a plan with a political, philosophical, racial or religious motive also constitutes a crime against humanity for which no statutory limitation shall apply. In addition to the remarkably long periods of statutory limitations which were predetermined by TPC that came into force in 2005, it is stipulated for continuous offences -as is the case for the crime of deprivation of liberty- that the limitation period shall begin on the day when the continuing act ended (art. 66 par.6). Furthermore, Turkey is among few countries completely abolished statutory limitations for the crime of torture. Articles from 37 to 41 of the TPC are dedicated to jointly committed offences where the principles for those who commits, orders, solicits or induces the commission of, attempts to commit, becomes an accomplice to or participates in any type of crime, including offences within the scope of enforced disappearances, are explicitly set out. The Working Group welcomes the adoption of amendments to the Penal Code that abolished statutory limitations for the crime of torture. However, it regrets that no progress has been made in relation to qualifying enforced disappearances as an autonomous crime. In addition, the Working Group is alarmed by reports that emergency decrees effectively afforded blanket immunity to state officials who may have been implicated in serious human rights violations, including enforced disappearances. In that light, the Working Group underscores the need to implement this recommendation in full and as a matter of urgency. In its general comment on enforced disappearances as a continuous crime, the Working Group observes that enforced disappearances are prototypical continuous acts, which begin at the time of the abduction and extend for the whole period of time that the crime is not complete. That is to say until the State acknowledges the detention or releases information pertaining to the fate or whereabouts A/HRC/45/13/Add.4 16 Recommendations A/HRC/33/51/Add.1