A/HRC/45/13/Add.4 The Working Group is particularly alarmed by allegations of enforced disappearances reported to have been perpetrated under the pretext of combatting terrorism against actual or perceived members of Gulen/Hizmet movement, classified by the Government of Turkey as ‘Gülenist Terror Organization (Fethullahçı Terör Örgütü, FETÖ)’ or ‘Parallel State Organisation (Paralel Devlet Yapılanması, PDY)’. Distressing reports of abductions by state agents in broad daylight, followed by months of torture and ill-treatment in clandestine detention sites aimed at extracting confessions for future prosecutions should be investigated as a matter of urgency. 8. The Working Group is gravely concerned at what appears to be a systematic practice of State-sponsored extraterritorial abductions and forced returns of Turkish nationals from numerous States to Turkey. To date, at least 100 individuals suspected of involvement with the Gulen/Hizmet movement are reported to have been subjected to arbitrary arrests and detention, enforced disappearance and torture, as part of covert operations reportedly organized or abetted by the Government of Turkey in coordination with authorities of several States. In addressing the issue of extraterritorial abductions, the Working Group underlines that a failure to acknowledge deprivation of liberty by state agents and a refusal to acknowledge detention constitute an enforced disappearance, even if it is of a short duration. 9. Based on information received after the country visit, the Working Group is concerned over the alleged involvement of the Turkish armed forces in the disappearance of Syrian nationals following Operation “Peace Spring” in northern Syria. 10. The Working Group is equally concerned that the aforementioned practices, conducted within Turkey or abroad, epitomized a denial of justice, insofar as these individuals were reportedly deprived of liberty in the form of secret, unacknowledged or incommunicado detention and completely removed from the protection of law. It is further disconcerting that they may have been deprived of the rights to an effective remedy and fair trial whilst held incommunicado, including through forced confession of guilt, denial of the presumption of innocence, inability to challenge the lawfulness of detention, denial of access to legal representation, as well as torture and ill-treatment. Further distressed by these patterns, the Working Group underlines that such practices can facilitate the perpetration of torture and other cruel, inhuman or degrading treatment or punishment and can in itself constitute a form of such treatment. 11. The Working Group notes with concern that even after the suspension of the state of emergency, the authorities have not complied with procedural safeguards upon arrest and during the first hours of deprivation of liberty aimed at preventing possible violations, such as torture. These safeguards include immediate registration and judicial oversight of detention, notification of family members as soon as an individual is deprived of liberty, the hiring of a defence lawyer of one’s choice, and lawyer-client privilege. 12. The Working Group remains preoccupied about the implications of curfews in the southeastern region on the enjoyment of basic rights. A matter of serious concern is the apparent lack of effective, independent, timely and impartial investigation into allegations of human rights violations, including enforced disappearances, which continue to perpetuate impunity, deepen grievances and provoke more violence in the region. 13. 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. As a result, Turkey continues to apply a statute of limitation period of 20 years for crimes under which enforced disappearances are usually investigated and prosecuted. 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. 14. The Working Group regrets that Turkey continues to deny the families of the disappeared their guaranteed and absolute right to the truth by failing to establish a dedicated and independent search mechanism in accordance with its humanitarian obligations. Without an effective extrajudicial search mechanism in place, Turkey cannot provide closure to so many families seeking truth, justice and remembrance for their disappeared family members. In this regard, the Working Group underscores that the termination or suspension of a 3