delays and improve access to justice for families. 86. Guarantee access to justice for relatives when the cases of their loved ones are moved to geographically distant courts, including by considering reimbursing expenses incurred for attending the hearings. 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) As the principle of natural judge is clearly stipulated by the Article 37 of the Turkish Constitution, everyone has the right to be tried before competent courts legally designated. As per the relevant provision of the CCP, the court in whose district the offence has been committed, as a rule, has jurisdiction over the case. hopes that it will be adequately enforced for all victims and their families without discrimination. However, transferring of cases to an equivalent instance court of another judicial district has been made possible by the law if only compelling reasons require such action. Article 19 of the CCP provides for that if competent court is, on either legal or factual grounds, hindered from exercising its duties or if conducting the prosecution before the competent court would be endangering the public safety, the case could be assigned to the court of another district. The crux of the matter is the power to take such decisions which is all up to judicial authorities, apart from any administrative intervention. Notwithstanding the exceptional nature of transferring cases to other courts, Turkey has most recently taken necessary steps in ensuring victim's and others right to effective access justice, by amending the article 234 of the CCP, titled "Rights of victim and complainant". Lately introduced paragraph within the aforementioned article envisages the total expenditure on travel and accommodation as well as daily allowance for food to be reimbursed by the MoJ, in case of the trial has been transferred to another district. Truth Justice Memory Center - the Human Rights Joint Platform – Human Rights Watch With the Omnibus Law No. 7188 dated 17 October 2019, which took effect on 24 October 2019, Article 234 of the Code of Criminal Procedure has been amended. As per this amendment, the accommodation, food and transportation expenses of the victim will be reimbursed through the Ministry of Justice’s budget in case of the victim travels to a place other than his/her residence due to the transfer of the trial or forensic procedures, during the investigation or prosecution proceedings. However, considering the connection with the transfer of trials to other As suggested in the mission report, the authorities should transfer trials to geographically distant courts as a measure of last resort, while considering adverse effects this practice has on access to justice for relatives of the disappeared. A/HRC/45/13/Add.4 40 Recommendations A/HRC/33/51/Add.1

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents