Recommendations A/HRC/33/51/Add.1 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) thousands of cases from the 1980s and 1990s cannot be prosecuted. LLG – TGRLSP Turkey has not made enforced disappearance an autonomous criminal offence in Turkish criminal code. ICJ Enforced disappearances continue to be investigated and prosecuted as an element of other criminal offences, such as murder, torture or arbitrary deprivation of liberty. 69. Adopt without delay comprehensive legislation on enforced disappearances, which should provide, inter alia, for: a) A specific procedure for filing complaints with regard to enforced disappearances; b) A mechanism for investigation and verification of reported cases of enforced disappearance; c) A national register of forcibly disappeared persons, and of reported and discovered burial sites; 19 e) Introduction of the declaration of absence following the enforced disappearance, making certain that the issuance of certificates of absence will not terminate the rights of victims’ families to pursue truth Truth Justice Memory Center - the Human Rights Joint Platform – Human Rights Watch No such legislation adopted. Human Rights Association There is no legislation or specific procedural tools particularly regulating the prevention and effective investigation of enforced and involuntary disappearances. Turkey has not signed the United Nations International Convention for the Protection of All Persons from Enforced Disappearance, adopted by the General Assembly of the UN on 20 December 2006 and entered into force on 23 December 2010. Under Article 1 of the Convention “No one shall be subjected to enforced disappearance. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political stability or any other public emergency, may be invoked as a justification for enforced disappearance.” a) There is no specific procedure for filing complaints with regard to enforced disappearances; In the apparent absence of comprehensive legislation on enforced disappearances, the Working Group calls on the Government of Turkey to enact it with the aim of eradicating enforced disappearances and protecting the rights of the victims and their families to truth, justice, memory and guarantees of nonrecurrence. The Working Group recalls its recommendations in this regard which remain relevant. A/HRC/45/13/Add.4 d) Full access to the above-mentioned register for relatives, lawyers, human rights defenders and any other concerned person; Paragraphs 16-21

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