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)
public prosecutor, and responsible for executing all orders
without any delay. Taking suspected individuals into custody
(detention) is by principle up to public prosecutor's decision and
police officers have been exceptionally permitted to detain
suspects only for certain crimes and under strictly limited
conditions, as is stated in the article 91 of the CCP.
identify disappeared person or his/her
remains, including their return to the
relatives, with due respect for cultural
customs.
Truth Justice Memory Center - the Human Rights Joint Platform
– Human Rights Watch
Turkey applies a statute of limitation period of 20 years for crimes
under which enforced disappearances are usually investigated
and prosecuted. Considering the lengthy time elapsed from the
date of crimes, most of the investigations have high likely been
or are about to be closed by the decisions of non-prosecutions
based on the expiry of statute of limitation period. Only a few of
the enforced disappearances of the 1990s have been able to be
prosecuted43.
JWF - IAHRA Geneva
Two families in Turkey informed that the government did not
criminally prosecute anyone for the act of enforced disappearance
of their loved ones. Thirteen out of fourteen family members
outside Turkey informed that the Government of Turkey or other
governments did not criminally prosecute anyone for the
enforced disappearance of their loved ones. In one case, an
investigation was initiated but was discontinued following
political pressure. Certainly, the investigation stopped short of
criminally prosecuting anyone for the enforced disappearance,
acting on behalf of the government or any non-state actor.
LLG – TGRLSP
43
After the attempted coup, it is further
disconcerting that the Turkish
authorities are reported to have
overlooked that the fate and the
whereabouts of many individuals had
been unknown for months before they
appeared in custody. Allegations that
they had been routinely tortured in
secret detention sites with the aim of
extracting confessions about their
alleged or imputed affiliation with the
Hizmet/Gulen movement should be
investigated promptly and thoroughly.
The rights of victims and their families
to truth, justice and reparations must
be upheld at all times. The unimpeded
exercise of these rights is a litmus test
for the rule of law and democracy in
Turkey.
The Working Group does not
differentiate between direct and
indirect victims, but rather considers
that both the disappeared person and
those who have suffered harm as a
A total of 14 trials have been opened for the disappearance of 81 persons. Three of them concerning the disappearance of three persons were commenced and
concluded during the 1990s, i.e. trial of Mehmet Şerif Avşar, the trial of Şeyhmuz Yavuz, and the trial of Abdullah Canan. While two of these three trials resulted in
the conviction of low-level members of security forces, who received nominal, low sentences, in the other trial, the defendants were acquitted. In 2009-2014, many
years after the date of crimes, the remaining 11 trials concerning the disappearance of 79 persons were commenced days before the expiry of statute of limitation
periods (These trials do not only concern the enforced disappearances, but also include the extra-judicial killings of the 1990s); two of them later were joined, i.e, The
trial of Main JİTEM (JITEM is the Turkish abbreviation for the Gendarmerie Intelligence and Counter-Terrorism) was joined with the trial on the extra-judicial
killing of Musa Anter and later on with the trial on the disappearance of Ayten Öztürk.
A/HRC/45/13/Add.4
36
Recommendations
A/HRC/33/51/Add.1
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