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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